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Agenda Packet City Council - 06/25/2019
City of Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, June 25, 2019 11:30 AM Council Chambers Addendums will be added on Friday. 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. B. Invocation to be given by Pastor Rick Barrera, Believe Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Leticia Kanmore, Community Development Administrator, Housing and Community Development. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 19-0848 Proclamation declaring July 4, 2019, "Mayor's 4th of July Big Bang Celebration". Recognition of "Mayor's July 4th Big Bang Celebration" Essay Contest Winners. Swearing -In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. UTILITY BILLING UPDATE City of Corpus Christi Page 1 Printed on 6/24/2019 City Council Meeting Agenda - Final June 25, 2019 b. OTHER G. MINUTES: H. BOARD & COMMITTEE APPOINTMENTS: I. EXPLANATION OF COUNCIL ACTION: 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. All items on this agenda are considered public hearings. 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 2 - 17) 2. 19-0800 Ordinance amending Ordinance No. 031751 to comply with grant requirements of the FY2018 Department of Homeland Security Grant Program by adding sections which assure in the event of loss or misuse that the funds will be returned in full by the City of Corpus Christi and authorizing the City Manager to apply for, accept, reject, alter or terminate City of Corpus Christi Page 2 Printed on 6/24/2019 City Council Meeting Agenda - Final June 25, 2019 the grant. Sponsors: Police Department 3. 19-0808 Ordinance authorizing the acceptance of a grant from Maddie's Fund in the amount of $5,000.00 to develop a pilot program to determine the feasibility for implementation of an Animal Care Foster Program; and appropriating the grant amount in the Police Grants Fund. Sponsors: Police Department 4. 19-0669 Ordinance authorizing the acceptance and appropriation of a grant contract for the Regional Local Services System/Local Public Health System (RLSS/LPHS) grant in the amount of $328,736.00 from the Texas Department of State Health Services in the Health Grants for the contract period September 1, 2019 through August 31, 2021, to provide essential public health services. Sponsors: Health Department 5. 19-0796 Ordinance amending Ordinance No. 029958 by expanding the boundary of the City's Industrial District No. 2 to add approximately 213 acres to the current approximately 4,157 acres, with new acreage generally located between Callicoate Road and Rand Morgan Road and between State Highway 44 and the City Limit Boundary near Mallard Drive, which includes an existing industrial district facility. Sponsors: Planning and Environmental/Strategic Initiatives 6. 19-0780 Ordinance amending Corpus Christi Code of Ordinances Section 49-12 to require applicant(s) to provide a current fair market value appraisal for the closure of improved streets, alleys, or rights-of-way, to remove payment exemption for improved alleys, and to update outdated terms or language. Sponsors: Development Services 7. 19-0814 Ordinance granting an easement and a temporary construction easement to Southwestern Bell Telephone, LP (SWB) across Ben Garza Park for SWB's existing facilities so that SWB can update its fiber cable system as part of the Harbor Bridge Project. Sponsors: Engineering Services 8. 19-0678 Ordinance approving the sale of 0.161 acres at 5205 Edinburg Circle for the highest cash offer received by real estate broker of $22,000.00 to B.B.M.M. Homes, Inc., a Texas Corporation. Sponsors: Legal Department 9. 19-0681 Ordinance approving the sale of 0.1431 acres at 7101 Edgebrook Drive for the highest cash offer received by real estate broker of $20,000.00 to Rebecca Christine Brandauer. Sponsors: Legal Department 10. 19-0811 Ordinance exempting The Coves at Lago Vista Unit 3C, located south of City of Corpus Christi Page 3 Printed on 6/24/2019 City Council Meeting Agenda - Final June 25, 2019 South Oso Parkway and east of King Ranch Drive, from the payment of the wastewater lot/acreage fees under section 8.5.2.G.1 of the Unified Development Code; and declaring an emergency for a one -reading action. Sponsors: Development Services 11. 19-0817 Ordinance exempting Ybarra Terrace Lot 1 located north of Weber Road and east of Oso Creek, from the payment of the wastewater lot or acreage fee under section 8.5.2.G.1 of the Unified Development Code; and declaring an emergency for a one -reading action. Sponsors: Development Services 12. 19-0849 Resolution approving FY 2019-2020 grant application for the Beach Cleaning and Maintenance Assistance Program from the Texas General Land Office for an estimated amount of $60,000 to provide beach cleaning and maintenance on North Padre Island and Mustang Island. Sponsors: Parks and Recreation Department 13. 19-0792 Motion authorizing the purchase of four heavy replacement trucks, which include one Roll -off truck and three Dump trucks to be utilized by Utilities Department, from Grande Truck Center of San Antonio, Texas, via BuyBoard Cooperative for a total amount not to exceed $708,975.00 funded through the Wastewater Fund. Sponsors: Utilities Department and Contracts and Procurement 14. 19-0779 Resolution authorizing a four-year service agreement renewal for InfoCare software with Innovyze Inc. of Houston, Texas, which is used to optimize the water distribution and wastewater collection systems through computerized modeling, for a total amount not to exceed $73,636.21, with first-year funding through the Water Fund. Sponsors: Utilities Department and Contracts and Procurement 15. 19-0807 Motion authorizing a three-year service agreement with Infor (US) Inc. of Alpharetta, Georgia for Infor Expense Management subscription license and services for a total amount not to exceed $228,846.60, with the first-year funded through Info Tech Fund. Sponsors: Information Technology Services and Contracts and Procurement 16. 19-0838 Resolution authorizing a three-month Service Agreement for the purchase and installation of 14 Harris radio dispatch consoles from Dailey -Wells Communications, of San Antonio, Texas to replace consoles that have reached the end of their service life for a total amount not to exceed $585,999.56 funded through the Information Technology (IT) Fund. Sponsors: Information Technology Services, Police Department and Contracts and Procurement 17. 19-0875 Resolution amending City Council Policy No. 14 regarding board, commission, and committee appointment procedures to require applications to be submitted no later than 14 days prior to the appointment City of Corpus Christi Page 4 Printed on 6/24/2019 City Council Meeting Agenda - Final June 25, 2019 date. Sponsors: City Secretary's Office L. RECESS FOR LUNCH M. PUBLIC HEARINGS (ITEMS 18 - 21) 18. 19-0731 Zoning Case No. 0519-01 Luxury Spec Homes (Council District 1): Ordinance rezoning property at or near 3802 Callicoate Road from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 Single -Family 4.5 District. Planning Commission and Staff recommend Approval. Sponsors: Development Services 19. 19-0732 Zoning Case No. 0519-02 Rick's Homes, LLC. (Council District 1): Ordinance rezoning property at or near 3030 McKinzie Road from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District (Tract 1) and "RS -4.5" Single -Family 4.5 District (Tract 2). Planning Commission and Staff recommend Approval. Sponsors: Development Services 20. 19-0823 Zoning Case No. 0319-04 Advanced Housing Alternatives Corporation (Council District 1): Ordinance rezoning a property at or near 509 South Carancahua Street from the "ON" Neighborhood Office District and the "RM -1" Multifamily 1 District to the "CR -2" Resort Commercial District. Planning Commission and Staff recommended Denial of the requested zoning change and Approval of zoning change to "ON/SP" Neighborhood Office District with a Special Permit. 3/4 favorable vote required to overrule Planning Commission's recommendation. Sponsors: Development Services 21. 19-0824 Zoning Case No. 0519-04 Blairtown Energy Center, LLC. (Council District 3): Ordinance rezoning property at or near 2502 and 2506 Johanna Street from the "ON" Neighborhood Office District to the "CG -2" General Commercial District. Planning Commission and Staff recommend Denial of the requested change and approval of the zoning change to the "ON/SP" Neighborhood Office District with a Special Permit. 3/4 favorable vote required to overrule Planning Commission's recommendation. Sponsors: Development Services N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (NONE) P. BRIEFINGS: (ITEMS 22 - 24) 22. 19-0809 2019 Second Quarter Update on the Harbor Bridge Replacement Project. City of Corpus Christi Page 5 Printed on 6/24/2019 City Council Meeting Agenda - Final June 25, 2019 Sponsors: Street Department 23. 19-0760 Short Term Rentals are rentals of overnight accommodation of less than 30 consecutive days and are subject to state and local hotel occupancy tax (HOT). Sponsors: Convention and Visitors Bureau 24. 19-0788 Unified Development Code Evaluation including the recommendations for the amendments and providing next steps in a multi -phased program to amend the Unified Development Code. Sponsors: Development Services Q. EXECUTIVE SESSION: (ITEMS 25 - 27) 25. 19-0858 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation including, but not limited to, the cases of City of Ingleside v. City of Corpus Christi, including potential consideration of settlement offers and/or fees for attorneys, engineers, and other expert witnesses assisting in defense of action(s) and updates on litigation in other cases. 26. 19-0859 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City's contracts related to waste management, handling, and disposal and state and federal regulations related to landfill management, disposal of solid waste, and/or recycling, including but not limited to, the City's contracts with Republic Services, Cefe Landfill Tx, LP, BFI Waste Services of North America, Inc. and BFI Waste Systems of Texas, LP. and related entities, and provisions related to mediation, arbitration, and termination of agreements for the aforementioned functions. 27. 19-0860 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 annexation, disannexation, industrial district agreements, agreements pursuant to Texas Local Gov't Code Chapter 212, cession agreements for extraterritorial jurisdiction, apportionment of extra -territorial jurisdiction between municipalities, interlocal agreements with water districts and neighboring municipalities, contracts for potential economic development agreement(s) with entities that are considering the construction, expansion, and/or ownership of industrial facilities (including, but not limited to the proposed Gulf Coast Growth Ventures' chemical manufacturing facility in San Patricio County), economic development agreements relating to property currently or formerly owned by Voestalpine, Chemours, Occidental Petroleum, Corpus Christi (CC) Alumina, Corpus Christi Liquefaction, LLC, and other entities, existing and proposed industrial facilities in San City of Corpus Christi Page 6 Printed on 6/24/2019 City Council Meeting Agenda - Final June 25, 2019 Patricio County and Nueces County that are and/or will be consumers of water, wastewater, and other services, connections to the Mary Rhodes Pipeline for facilities to supply water to entities in San Patricio County, legislation recently approved by the Texas Legislature related to annexation and other issues, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). R. IDENTIFY COUNCIL FUTURE AGENDA ITEMS S. ADJOURNMENT City of Corpus Christi Page 7 Printed on 6/24/2019 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting 6/11/2019 Second Reading Ordinance for the City Council Meeting 6/18/2019 DATE: May 30, 2019 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 361-886-2603 Amending ordinance No. 031751 to comply with grant requirements CAPTION: Ordinance amending Ordinance No. 031751 to comply with grant requirements of the FY2018 Department of Homeland Security Grant Program by adding sections which assure in the event of loss or misuse that the funds will be returned in full by the City of Corpus Christi and authorizing the City Manager to apply for, accept, reject, alter or terminate the grant. PURPOSE: The ordinance must be amended to add a section as required by the Texas Administrative Code. BACKGROUND AND FINDINGS: Applications from local units of governments must include a resolution that contains this statement. ALTERNATIVES: No option. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Approval of the amended ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Ordinance No. 031751 to comply with grant requirements of the FY2018 Department of Homeland Security Grant Program by adding sections which assure in the event of loss or misuse that the funds will be returned in full by the City of Corpus Christi and authorizing the City Manager to apply for, accept, reject, alter or terminate the grant. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 031751 which accepted a grant from the State of Texas Governor's Homeland Security Grants Division in the amount of $250,000 for the FY2018 Department of Homeland Security Grant Program Operation Stonegarden is amended by adding a new Section 3 and Section 4 to read as follows, shown in underlined text on attached Exhibit A, to comply with grant requirements: "SECTION 3. In the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full. SECTION 4. The City Manager or designee is authorized to apply for, accept, reject, alter or terminate the grant." SECTION 2. That Ordinance 031751 as amended will be submitted to the State of Texas Governor's Homeland Security Grants Division. A copy is attached as Exhibit B. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca L. Huerta City Secretary Joe McComb Mayor Amended Ordinance Authorizing accepting a grant in the amount of $250,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2018 Department of Homeland Security Grant Program Operation Stonegarden; and appropriating the $250,000 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $250,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2018 Department of Homeland Security Grant Program Operation Stonegarden to support state and local efforts to prevent terrorism and other catastrophic events. SECTION 2. That $250,000 is appropriated in the No. 1061 Police Grants Fund. SECTION 3. In the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full. SECTION 4. The City Manager or designee is authorized to apply for, accept, reject, alter or terminate the grant. EXHIBIT A AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting 6/11/2019 Second Reading Ordinance for the City Council Meeting 6/18/2019 DATE: May 31, 2019 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com 886-2603 Accept and appropriate a grant from Maddie's Fund in the amount of $5,000.00 to determine the feasibility of an Animal Foster Program in Animal Care Services CAPTION: Ordinance authorizing the acceptance of a grant from Maddie's Fund in the amount of $5,000.00 to develop a pilot program to determine the feasibility for implementation of an Animal Care Foster Program; and appropriating the grant amount in the Police Grants Fund. PURPOSE: The purpose of this item is to accept the grant for developing a pilot program to determine the feasibility of implementing an Animal Care Foster Program. BACKGROUND AND FINDINGS: These funds are available for use to support Animal Care Services specifically establishing an animal foster program. The pilot program will be developed and implemented to determine the feasibility of sustaining a new program to foster animals in the community until permanent homes can be found. This Innovation Grant program awards funds to help projects advance lifesaving and ultimately guarantee a healthy home or habitat for all dogs and cats. The funds will be used to study the feasibility of establishing a full-time animal foster program. This includes bringing in a trainer from Austin Pets Alive to train Animal Care personnel in establishing and supporting a foster program. This is a one-time grant. If the program proves feasible, Animal Care will work to locate additional funds to continue the program. ALTERNATIVES: The City Council may choose not to accept the grant to determine the feasibility of a new program in Animal Care Services. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This item conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $5,000 $5,000 BALANCE $5,000 $5,000 Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: 821602L Mission Element: 084 Promote pet adoption and pet ownership Project # (CIP Only): Account: 520020 Clinical Supplies and 530362 Training RECOMMENDATION: Approval and appropriation of grant funds. LIST OF SUPPORTING DOCUMENTS: Award letter Ordinance authorizing the acceptance of a grant from Maddie's Fund in the amount of $5,000.00 to develop a pilot program to determine the feasibility for implementation of an Animal Care Foster Program; and appropriating the grant amount in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from Maddie's Fund in the amount of $5,000.00 to develop a pilot program to determine the feasibility for implementation of an Animal Care Foster Program. SECTION 2. That $5,000.00 is appropriated in the No. 1061 Police Grants Fund to be used to develop a pilot program in Animal Care Services. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca L. Huerta City Secretary Joe McComb Mayor Pat Eldridge From: Mike Gillis Sent: Wednesday, May 15, 2019 8:56 AM To: Pat Eldridge Subject: FW: Innovation Grant Approved! FYI From: Maddie's Fund Grants Team <grants@maddiesfund.org> Sent: Friday, May 3, 2019 5:46 PM To: Mike Gillis <JohnGi@cctexas.com> Subject: Innovation Grant Approved! Maddie's Fund Dear Mike Gillis, Congratulations! We are pleased to inform you that on 4/30/2019 the Maddie's Fund Board of Directors approved the Innovation Grant application submitted by Corpus Christi Animal Care Services on 2/14/2019 for your Innovative Foster Care project, titled Corpus Christi Animal Care Services Foster Program, in the amount of $5,000.00. We are proud to support Corpus Christi Animal Care Services's lifesaving efforts. Our Innovation Grants are helping to fund projects at shelters, independent rescue organizations, non-profit clinics and TNR groups across the country that advance lifesaving and ultimately guarantee a healthy home or habitat for all dogs and cats. We applaud your forward thinking and are excited to hear about the success of your program! We will be paying this grant via ACH transfer. The payment will be processed in a few weeks. The payment contact indicated on your grant application will receive an email from Bill.com asking for your account information, which is stored securely in Bill.com's system (Maddie's Fund will never see your information). Once your information is submitted, when our Accounting team processes the payments, the funds will be transferred directly into your account. 1 In appreciation of this grant, please use the hashtag #ThanksToMaddie in any posts on social media about this grant or activities funded by this grant. The Maddie's Grant Recognition Toolkit can be found here: http://www.maddiesfund.org/grant-recognition.htm. As your reporting requirement for this grant, we will send you a follow up survey via email in approximately six months to learn how your project went/is going. This will need to be completed within 30 days of receipt of the survey. Additionally, you will be required to join the Maddie's Fund Coalition in Shelter Animals Count (www.shelteranimalscount.org) within 30 days of receiving this approval email. As a?national animal welfare leader and funder of animal welfare in North America, Maddie's Fund believes that organizations should be transparent about the number of animals that come under their care, and the outcome for all of those animals.?That is why we support the public availability of key data (the basic data matrix as defined by Shelter Animals Count), from all animal welfare agencies and nonprofits, both publicly and privately funded and whether or not they provide government animal control services or humane law enforcement. In accepting this grant, Corpus Christi Animal Care Services agrees to allow Maddie's Fund to distribute and/or include information about this grant in public reports, press releases and other public or private communications with input from Corpus Christi Animal Care Services. If you have any questions about this grant, please contact our Grants Team at grants@maddiesfund.org or 925.310.5450. Congratulations, again, on receiving this grant! We wish you the best in your humane work. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting June 18, 2019 Second Reading Ordinance for the City Council Meeting June 25, 2019 DATE: May 10, 2019 TO: Peter Zanoni, City Manager FROM: Annette Rodriguez, MPH., Director of Public Health Annetter(a�cctexas.com 361.826.7205 Acceptance of the Regional Local Services System/Local Public Health System (RLSS/LPHS) Grant, RLSS Grant Program Income and RLSS Medicaid Program Income in the amount of $728,736.00, and appropriation of the funds for the contract period September 1, 2019 through August 31, 2021. CAPTION: Ordinance authorizing the acceptance and appropriation of a grant contract for the Regional Local Services System/Local Public Health System (RLSS/LPHS) grant in the amount of $328,736.00 from the Texas Department of State Health Services in the Health Grants for the contract period September 1, 2019 through August 31, 2021, to provide essential public health services. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to improve and strengthen local public health infrastructure within the State of Texas. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $328,736.00, to provide funding for public health services beginning September 1, 2019 through August 31, 2021, to fund personnel, fringe benefits and supplies to support the provision of essential public health services including disease investigation and surveillance, laboratory services and environmental health services. It is estimated that the grant will generate RLSS grant program income of $330,000.00 and RLSS grant program Medicaid income of $70,000.00 during the period of September 1, 2019 through August 31, 2021. ALTERNATIVES: Refuse the grant and discontinue the local public health services program that enables the Health District to provide for local public health services including disease investigation and surveillance, laboratory services, and environmental health services. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings. DEPARTMENTAL CLEARANCES: Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2019-2021 Current Year Future Years TOTALS Line Item Budget RLSS Grant $164,368 $164,368 $328,736 RLSS PI $165,000 $165,000 $330,000 RLSS Medicaid PI $35,000 $35,000 $70,000 BALANCE $364,368 $364,368 $728,736 Comments: No fiscal impact to general fund. The grant does not require a cash or in-kind match. Funding Detail: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831120F, 831431 L, 831430L Mission Element: 103 Disease Prevention Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS00047600001 Ordinance Ordinance authorizing the acceptance and appropriation of a grant contract for the Regional Local Services System/Local Public Health System (RLSS/LPHS) grant in the amount of $328,736.00, from the Texas Department of State Health Services in the Health Grants for the contract period September 1, 2019 through August 31, 2021, to provide essential public health services. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a total grant amount of $328,736.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of September 1, 2019, through August 31, 2021, to provide essential health services. Section 2: Authorizing the appropriation of an estimated $330,000.00, RLSS grant program income and estimated $70,000.00, RLSS grant program Medicaid income in the No. 1066 Health Grants Fund, for a total project cost of $728,736.00. Section 3: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 4: A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHS00047600001 UNDER THE REGIONAL LOCAL SERVICES SYSTEM/LOCAL PUBLIC HEALTH SERVICES GRANT PROGRAM I. PURPOSE The Department of State Health Services ("System Agency") pass-through entity and Corpus Christi-Nueces County Public Health District (City) ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for Local Public Health Services to improve or strengthen local public health infrastructure within the State of Texas (the "Contract"). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of Texas Government Code Chapter 791. III. DURATION The Contract is effective on September 1, 2019 and terminates on August 31, 2021, unless renewed or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. IV. BUDGET The total amount of this Contract will not exceed THREE HUNDRED TWENTY-EIGHT THOUSAND SEVEN HUNDRED THIRTY-SIX DOLLARS ($328,736.00). All expenditures under the Contract will be in accordance with ATTACHMENT B, BUDGET. The total allocation amount for FY20 (September 1, 2019 through August 31, 2020) is ONE HUNDRED SIXTY-FOUR THOUSAND THREE HUNDRED SIXTY-EIGHT DOLLARS ($164,368.00) The total allocation amount for FY21 (September 1, 2020 through August 31, 2021) is ONE HUNDRED SIXTY-FOUR THOUSAND THREE HUNDRED SIXTY-EIGHT DOLLARS ($164,368.00) V. CONTRACT REPRESENTATIVES The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Agency System Agency Contract No. mis00047600001 Page 1 of 4 DocuSign Envelope ID: AF602527-CEEB-4E1 C-B2D5-08F6EF4BDBE2 Department of State Health Services 1100 West 49th Street, MC 1990 Austin, Texas 78756 Attention: Elma Medina elma.medina@dshs.texas.gov Grantee Corpus Christi-Nueces County Public Health District (City) 1702 Horne Rd. Corpus Christi, Texas 78416 Attention: Isidoro Prado MPA isidoroP@cctexas.com VI. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Department of State Health Services Attention: General Counsel 1100 W. 49th Street, MC 1911 Austin, TX 78756 Grantee Corpus Christi-Nueces County Public Health District (City) 1702 Home Rd. Corpus Christi, Texas 78416 Attention: Annette Rodriquez annetteR@cctexas.com Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notice by written notice to the other Party. VII. ADDITIONAL GRANT INFORMATION Federal Award Identification Number (FAIN): 1NB01OT009193-01-00 Federal Award Date: 10/1/2017 Name of Federal Awarding Agency: Centers for Disease Control and Prevention (CDC) CFDA Name and Number: 93.991 Awarding Official Contact Information: Barbara (Rene) Benyard, CDFM, Grants Management Officer CDC, Office of Financial Resources, 2960 Brandywine Road, MS #-01, Atlanta, GA 30341 Telephone: 770-488-2757, rbenyard@cdc.gov DUNS: 69457786 System Agency Contract No. uns00047600001 Page 2 of 4 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 SIGNATUJRE PAGE FOLLOWS System Agency Contract No. ni1s00047600001 Page 3 of 4 DocuSign Envelope ID: AF602527-CE8B-4E1C-82D5-08F6EF4BDBE2 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT No. DEPARTMENT OF STATE HEALTH SERVICES David Gruber Associate Commissioner Regional and Local Health Operations Date of execution: GRANTEE Name: Annette Rodriquez Title: Health Di rector Date of execution: THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT No. HHS00047600001 ARE HEREBY INCORPORATED BY REFERENCE: ATTACHMENT A - ATTACHMENT B - ATTACHMENT C - ATTACHMENT D - ATTACHMENT E - ATTACHMENT F - ATTACHMENT G - ATTACHMENT H - STATEMENT OF WORK BUDGET UNIFORM TERMS AND CONDITIONS CONTRACT AFFIRMATIONS SUPPLEMENTAL & SPECIAL CONDITIONS FFATA DATA USE AGREEMENT FEDERAL ASSURANCES AND CERTIFICATIONS System Agency Contract No. aas00047600001 Page 4 of 4 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-0SF6EF4BDBE2 ATTACHMENT A STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES A. Grantee shall perform activities in support of the Preventive Health and Health Services Block Grant, Centers for Disease Control and Prevention (CDC). B. Grantee shall perform the activities required under this Contract in the following county: Nueces County C. Grantee will work to improve or strengthen local public health infrastructure within the State of Texas by: 1. Developing objective(s) to address a public health issue; 2. Utilizing resources provided through this Contract to conduct activities and services that provide or support the delivery of essential public health services; 3. Assessing, monitoring, and evaluating the essential public health activities and services provided through this contract; and 4. Developing strategies to improve the delivery of essential public health service(s) to identified service area. D. Grantee will assess, monitor and evaluate the essential public health activities in accordance with the following standards: the National Public Health Performance Standards, approved by the Centers for Disease Control and Prevention Healthy People 2020 (Healthy People) related goals and objectives; System Agency programmatic grant guidance and performance standards relative to the Grantees identified scope of work; and federal, state or local laws or regulations goveming the delivery of essential public health services. Other evaluation methods utilizing standards not listed in this Section must be pre -approved in writing by System Agency. E. Grantee shall implement its approved Project Service Delivery Plan (PSDP) contained in its FY20/21 Local Public Health Services Application, which is incorporated herein by reference and made a part of this Contract as if fully set forth herein. The PSDP must include a description of the public health issue(s) or public health program to be addressed by RLSS/LPHS funded staff and measurable objective(s) and activities for addressing the issue. The PSDP must also describe a clear method for evaluating the services that will be provided, as well as recommendations or plans for improving essential public health services delivery based on the results of an evaluation. Any changes to the approved PSDP will require System Agency's written approval. F. Grantee shall enter quarterly and final performance reports that describe progress toward achieving the objectives contained in approved Grantee's PSDP into the reporting link, https://www.dshs.state.tx.us/rls/pphsbg.aspx, on the DSHS RLHO PHHSBG webpage. Grantee shall enter the performance reports by the end of the month following the end of each quarter. Failure to enter a required report of additional requested information by the due date specified in this Contract or upon request constitutes breach of contract, may result in delay payment, and may adversely affect evaluation of Grantee's future contracting opportunities with the department. v. 11.15.2016 Page 1 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 ATTACHMENT A STATEMENT OF WORK G. Grantee will comply with all applicable regulations, standards, and guidelines in effect on the beginning date of this Contract and as amended. H. Contractor shall maintain an inventory of equipment, supplies defined as Controlled Assets, and real property and submit an annual cumulative report of the equipment and other property on HHS System Agencies Grantee's Property Inventory Report to the assigned System Agency Contract Manager by email no later than October 15 of each year. I. Funding for this Contract is dependent on the award of the applicable federal grant. No FY2020 work may begin and no charges may be incurred until the System Agency issues a written notice to proceed to Grantee. This Notice to Proceed may include an amended or ratified budget which will be incorporated into this Contract by a subsequent amendment, as necessary. Notwithstanding the preceding, at the discretion of the System Agency, Grantee may be eligible to receive reimbursement for eligible expenses incurred during the period of performance as defined by 2 CFR §200.309. II. PERFORMANCE MEASURES The System Agency will monitor the Grantee' s performance of the requirements in this Attachment A and compliance with the Contract's terms and conditions. III.INVOICE AND PAYMENT A. Grantee will request payments using the State of Texas Purchase Voucher (Form B-13) at http://www.System Agencv.state.tx.us/grants /forms/b13form.doc. Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the address/number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoicesndshs.state.tx.us , and CMSInvoices@n,dshs.texas.Qov B. Grantee will be paid on a monthly basis with acceptable supporting documentation for reimbursement of the required services/deliverables, and in accordance with the Budget in Attachment B of this Contract. c. System Agency reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. System Agency will monitor Grantee's expenditures on a quarterly basis. If expenditures are below that projected in Grantee's total Contract amount, Grantee's budget may be subject to a decrease for the remainder of the Term of the Contract. Vacant positions existing after ninety days may result in a decrease in funds. v. 11.152016 Page 2 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 ATTACHMENT B BUDGET Budget Categories FY20 Budget Summary FY21 Budget Summary 2 Year Total Budget Personnel $106,271.00 $106,271.00 $212,542.00 Fringe Benefits $ 48,321.50 $ 48,321.50 $ 96,643.00 Travel $ 3,625.00 $ 3,625.00 $ 7,250.00 Equipment $0 $0 $0 Supplies $ 6,150.50 $ 6,150.50 $ 12,301.00 Contractual $0 $0 $0 Other $0 $0 $0 Sum of Direct Costs $164,368.00 $164,368.00 $328,736.00 Indirect Costs $0 $0 $0 Sum of Total Direct Costs and Indirect Costs $164,368.00 $164,368.00 $328,736.00 Match (Cash or In -Kind) $0 $0 $0 TOTAL $164,368.00 $164,368.00 $328,736.00 System Agency Contract No. [ ] DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 HHSC Uniform Terms and Conditions Version 2.16 Published and Effective: March 26, 2019 Responsible Office: Chief Counsel TEXAS Health and Human Services Health and Human Services Commission HHSC Uniform Terms and Conditions -Grant Version 2.16.1 DocuSign Envelope ID: AF602527-CEEB-4E1C-B2D5-08F6EF4BDBE2 TABLE OF CONTENTS ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 4 1.1 Definitions 4 1.2 Interpretive Provisions 6 ARTICLE II. PAYMENT METHODS AND RESTRICTIONS 6 2.1 Payment Methods 6 2.2 Final Billing Submission 7 2.3 Financial Status Reports (FSRs) 7 2.4 Use of Funds 7 2.5 Use for Match Prohibited 7 2.6 Program Income 7 2.7 Nonsupplanting 8 2.8 Allowable Costs 8 2.9 Indirect Cost Rates 8 ARTICLE III. STATE AND FEDERAL FUNDING 8 3.1 Funding 8 3.2 No Debt Against the State 8 3.3 Debt and Delinquencies 8 3.4 Recapture of Funds 8 ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS 9 4.1 Allowable Costs. 9 4.2 Audits and Financial Statements 10 4.3 Submission of Audits and Financial Statements 11 ARTICLE V. AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 11 5.1 General Affirmations 11 5.2 Federal Assurances 11 5.3 Federal Certifications 11 ARTICLE VI. INTELLECTUAL PROPERTY 11 6.1 Ownership of Work Product 11 6.2 Grantees Pre-existing Works 12 6.3 Agreements with Employees and Subcontractors 12 6.4 Delivery Upon Termination or Expiration 12 6.5 Survival 12 HHSC Grantee Uniform Terms and Conditions Page 2 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CEEB-4E1C-B2D5-08F6EF4BDBE2 ARTICLE VII. RECORDS, AUDIT, AND DISCLOSURE 13 7.1 Books and Records 13 7.2 Access to Records, Books, and Documents 13 7.3 Response/Compliance with Audit or Inspection Findings 13 7.4 SAO Audit 14 7.5 Confidentiality 14 ARTICLE VIII. CONTRACT MANAGEMENT AND EARLY TERMINATION 14 8.1 Contract Remedies 14 8.2 Termination for Convenience 14 8.3 Termination for Cause 14 ARTICLE IX. MISCELLANEOUS PROVISIONS 15 9.1 Amendment 15 9.2 Insurance 15 9.3 Legal Obligations 15 9.4 Permitting and Licensure 16 9.5 Indemnity 16 9.6 Assignments 16 9.7 Independent Contractor 17 9.8 Technical Guidance Letters 17 9.9 Dispute Resolution 17 9.10 Governing Law and Venue 17 9.11 Severability 17 9.12 Survivability 18 9.13 Force Majeure 18 9.14 No Waiver of Provisions 18 9.15 Publicity..... 18 9.16 Prohibition on Non -compete Restrictions 19 9.17 No Waiver of Sovereign Immunity 19 9.18 Entire Contract and Modification 19 9.19 Counterparts 19 9.20 Proper Authority 19 9.21 E -Verify Program 19 9.22 Civil Rights 19 9.23 System Agency Data 21 HHSC Grantee Uniform Terms and Conditions Page 3 of 21. v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Contract, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the Parties, which documents changes to the Contract other than those permitted by Work Orders or Technical Guidance Letters. "Attachment" means documents, terms, conditions, or information added to this Contract following the Signature Document or included by reference, and made a part of this Contract. "Contract" means the Signature Document, these Uniform Terms and Conditions, along with any Attachments, and any Amendments, or Technical Guidance Letters that may be issued by the System Agency, to be incorporated by reference for all purposes. "Deliverable" means the work product(s), including all reports and project documentation, required to be submitted by Grantee to the System Agency. "Effective Date" means the date agreed to by the Parties as the date on which the Contract takes effect. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Grantee" means the Party receiving funds under this Contract. May also be referred to as "Contractor" in certain attachments. "Health and Human Services Commission" or "HHSC" means the administrative agency established under Chapter 531, Texas Government Code, or its designee. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Govemment Code. "Intellectual Property Rights" means the worldwide proprietary rights or interests, including patent, copyright, trade secret, and trademark rights, as such right may be evidenced by or embodied in: i. any idea, design, concept, personality right, method, process, technique, apparatus, invention, discovery, or improvement; ii. any work of authorship, including any compilation, computer code, website or web page design, literary work, pictorial work, or graphic work; iii. any trademark, service mark, trade dress, trade name, branding, or other indicia of source or origin; iv. domain name registrations; and v. any other proprietary or similar rights. The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment, by exclusive license, or by license with the right to grant sublicenses. HHSC Grantee Uniform Terms and Conditions Page 4 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 "Mentor Protege" means the Comptroller of Public Accounts' leadership program found at: http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/. "Parties" means the System Agency and Grantee, collectively. "Party" means either the System Agency or Grantee, individually. "Program" means the statutorily authorized activities of the System Agency under which this Contract has been awarded. "Proiect" means specific activities of the Grantee that are supported by funds provided under this Contract. "Public Information Act" or "PIA" means Chapter 552 of the Texas Government Code. "Signature Document" means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "Solicitation" or "Request for Applications (RFA)" means the document (including all amendments and attachments) issued by the System Agency under which applications for Program funds were requested, which is incorporated by reference for all purposes in its entirety. "Solicitation Response" or "Application" means Grantee's full and complete response (including any attachments and addenda) to the Solicitation, which is incorporated by reference for all purposes in its entirety. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas Textravel" means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Statement of Work" means the description of activities performed in completing the Project, as specified in the Contract and as may be amended. "System Agency" means HHSC or any of the agencies of the State of Texas that are overseen by H ISC under authority granted under State law and the officers, employees, authorized representatives and designees of those agencies. These agencies include: HHSC and the Department of State Health Services. "Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of the requirements of the Contract, issued by the System Agency to the Grantee. "Work Product" means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software, programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the deliverables, that are developed, produced, generated or provided by Grantee in connection with Grantee's performance of its duties under the Contract or through use of any funding provided under this Contract. "Uniform Grant Management Standards" or "UGMS" means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas HHSC Grantee Uniform Terms and Conditions Page 5 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-0SF6EF4BDBE2 Government Code, to promote the efficient use of public funds in local govemment and in programs requiring cooperation among local, state, and federal agencies. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to "sections," "appendices," or "attachments" are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." J. Time is of the essence in this Contract. ARTICLE II. PAYMENT METHODS AND RESTRICTIONS 2.1 PAYMENT METHODS A. Except as otherwise provided by this Contract, the payment method will be one or more of the following: i. Cost Reimbursement. This payment method is based on an approved budget and submission of a request for reimbursement of expenses Grantee has incurred at the time of the request; ii. Unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service and acceptable submission of all required documentation, forms and/or reports; or iii. Advance payment. This payment method is based on disbursal of the minimum necessary funds to carry out the Program or Project where the Grantee has HHSC Grantee Uniform Terms and Conditions Page 6 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 implemented appropriate safeguards. This payment method will only be utilized in accordance with governing law, state and federal regulations, and at the sole discretion of the System Agency. B. Grantee shall bill the System Agency in accordance with the Contract. Unless otherwise specified in the Contract, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.2 FINAL BILLING SUBMISSION Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than forty-five (45) calendar days following the end of the term of the Contract. Reimbursement or payment requests received after the deadline may not be paid. 2.3 FINANCIAL STATUS REPORTS (FSRS) Except as otherwise provided, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to System Agency by the last business day of the month following the end of each quarter for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. 2.4 USE OF FUNDS Grantee shall expend funds under this Contract only for approved services and for reasonable and allowable expenses directly related to those services. 2.5 USE FOR MATCH PROHIBITED Grantee shall not use funds provided under this Contract for matching purposes in securing other funding without the written approval of the System Agency. 2.6 PROGRAM INCOME Income directly generated from funds provided under this Contract or earned only as a result of such funds is Program Income. Unless otherwise required under the Program, Grantee shall use Program Income, as provided in UGMS Section III, Subpart C, .25(g)(2), to further the Program, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report Program Income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract term, when earned, and may not carry Program Income forward to any succeeding term. Grantee shall refund Program Income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and in using Program Income for the purposes and under the conditions specified in this Contract. HHSC Grantee Uniform Terms and Conditions Page 7 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 2.7 NONSUPPLANTING Grant funds may be used to supplement existing, new or corresponding programming and related activities. Grant funds may not be used to supplant (replace) existing funds in place to support current programs and related activities. 2.8 ALLOWABLE COSTS Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and applicable state and federal rules and law. The Parties agree that all the requirements of the UGMS apply to this Contract, including the criteria for Allowable Costs. Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 2.9 INDIRECT COST RATES The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for all applicable contracts. Grantee will provide the necessary financial documents to determine the indirect cost rate in accordance with the Uniform Grant Guidance (UGG) and Uniform Grant Management Standards (UGMS). ARTICLE III STATE AND FEDERAL FUNDING 3.1 FUNDING This Contract is subject to termination or cancellation, without penalty to System Agency, either in whole or in part, subject to the availability of state funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds that would render either System Agency's or Grantee's delivery or performance under the Contract impossible or unnecessary, the Contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Grantee for any damages, that are caused or associated with such termination, or cancellation, and System Agency will not be required to give prior notice. 3.2 NO DEBT AGAINST THE STATE This Contract will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBT AND DELINQUENCIES Grantee agrees that any payments due under the Contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support. 3.4 RECAPTURE OF FUNDS A At its sole discretion, the System Agency may i) withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s) is not submitted by the due date(s), or ii) require Grantee to promptly refund or credit - within thirty (30) calendar days of written notice - HHSC Grantee Uniform Terms and Conditions Page 8 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 any funds erroneously paid by System Agency which are not expressly authorized under the Contract. B. "Overpayments" as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates; (ii) that are not allowed under applicable laws, rules, or regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. Grantee understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs shall be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract. ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4 1 ALLOWABLE COSTS A. System Agency will reimburse the allowable costs incurred in performing the Project that are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. At its sole discretion, the System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Grantee's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include, but are not limited to: Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local, and Tribal Governments 2 CFR Part 200 and UGMS 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Educational Institutions 2 CFR Part 200 and UGMS 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Non -Profit Organizations 2 CFR Part 200 and UGMS 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS HHSC Grantee Uniform Terms and Conditions Page 9 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-O8F6EF4BDBE2 For-profit 48 CFR Part 31, 2 CFR Part 200, 2 CFR Part 200 and Organization Contract Cost Subpart F and UGMS other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. Principles and Procedures, or Uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency UGMS B. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.2 AUDITS AND FINANCIAL STATEMENTS A. Audits i. HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee will be subject to the sanctions and remedies for non-compliance with this Contract. ii. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program -specific audit in accordance with 2 CFR 200. The federal threshold amount includes federal funds passed through by way of state agency awards. iii. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in state funds awarded, Grantee shall have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and UGMS. iv. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or UGMS, as applicable, for their program -specific audits. v. Each Grantee that is required to obtain a single audit must competitively re -procure single audit services once every six years. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. B. Financial Statements Each Grantee that does not meet the expenditure threshold for a single audit or program - specific audit, must provide financial statements. HHSC Grantee Uniform Terms and Conditions Page 10 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS A. Audits Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit electronically one copy of the single audit or program -specific audit to the System Agency via: i. HHS portal at: or, https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau ii. Email to• single_audit_report@hhsc.state.tx.us. B. Financial Statements Due no later than nine months after the Grantee's fiscal year end, Grantees which are not required to submit an audit, shall submit electronically financial statements via: i. HHS portal at: https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or, ii. Email to: single_audit_report@hhsc.state.tx.us. ARTICLE V. AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.1 GENERAL AFFIRMATIONS Grantee certifies that, to the extent General Affirmations are incorporated into the Contract under the Signature Document, the Grantee has reviewed the General Affirmations and that Grantee is in compliance with all requirements. 5.2 FEDERAL ASSURANCES Grantee further certifies that, to the extent Federal Assurances are incorporated into the Contract under the Signature Document, the Grantee has reviewed the Federal Assurances and that Grantee is in compliance with all requirements. 5.3 FEDERAL CERTIFICATIONS Grantee further certifies that, to the extent Federal Certifications are incorporated into the Contract under the Signature Document, the Grantee has reviewed the Federal Certifications and that Grantee is in compliance with all requirements. In addition, Grantee certifies that it is in compliance with all applicable federal laws, rules, and regulations, as they may pertain to this Contract. ARTICLE VL INTELLECTUAL PROPERTY 6.1 OWNERSHIP OF WORK PRODUCT All right, title, and interest in the Work Product, including all Intellectual Property Rights therein, is exclusively owned by System Agency. Grantee and Grantee's employees will have no rights in or ownership of the Work Product or any other property of System Agency. Any and all Work Product that is copyrightable under United States copyright law is deemed to be "work made for hire" owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a "work made for hire" under applicable federal law, Grantee hereby irrevocably assigns and transfers to System Agency, its successors and assigns, the entire right, title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated HHSC Grantee Uniform Terms and Conditions Page 11 of21 v. 2.16.1 Effective 03/26/2019 Docusign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. Grantee agrees to execute all papers and to perform such other property rights as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. In the event that Grantee has any rights in and to the Work Product that cannot be assigned to System Agency, Grantee hereby grants to System Agency an exclusive, worldwide, royalty -free, transferable, irrevocable, and perpetual license, with the right to sublicense, to reproduce, distribute, modify, create derivative works of, publicly perform and publicly display, make, have made, use, sell and offer for sale the Work Product and any products developed by practicing such rights. 6.2 GRANTEE'S PRE-EXISTING WORKS To the extent that Grantee incorporates into the Work Product any works of Grantee that were created by Grantee or that Grantee acquired rights in prior to the Effective Date of this Contract ("Incorporated Pre-existing Works"), Grantee retains ownership of such Incorporated Pre-existing Works, and Grantee hereby grants to System Agency an irrevocable, perpetual, non-exclusive, royalty -free, transferable, worldwide right and license, with the right to sublicense, to use, modify, copy, create derivative works of, publish, publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre- existing Works, in any medium, with or without the associated Work Product. Grantee represents, warrants, and covenants to System Agency that Grantee has all necessary right and authority to grant the foregoing license in the Incorporated Pre-existing Works to System Agency. 6.3 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Grantee shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee's compliance with Grantee's obligations under this Article VI. 6.4 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Contract or upon System Agency' s request, Grantee shall deliver to System Agency all completed, or partially completed, Work Product, including any Incorporated Pre-existing Works, and any and all versions thereof. Grantee's failure to timely deliver such Work Product is a material breach of the Contract. Grantee will not retain any copies of the Work Product or any documentation or other products or results of Grantee's activities under the Contract without the prior written consent of System Agency. 6.5 SURVIVAL The provisions and obligations of this Article VI survive any termination or expiration of the Contract. HHSC Grantee Uniform Terms and Conditions Page 12 of21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CEEB-4E1C-B2D5-08F6EF4BDBE2 ARTICLE VII. RECORDS, AUDIT, AND DISCLOSURE 7.1 BOOKS AND RECORDS Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee shall maintain legible copies of this Contract and all related documents for a minimum of seven (7) years after the termination of the Contract period or seven (7) years after the completion of any litigation or dispute involving the Contract, whichever is later. 7.2 ACCESS TO RECORDS, BOOKS, AND DOCUMENTS In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor's Office, the Office of the Texas Attorney General, and any successor agencies. Each of these entities may be a duly authorized authority. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee shall produce original documents related to this Contract. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Grantee shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any Subcontract it awards. 7.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Grantee must act to ensure its and its Subcontractors' compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the services and Deliverables provided. Any such correction will be at Grantee's or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHSC upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the services and Deliverables provided to the State under the Contract. HHSC Grantee Uniform Terms and Conditions Page 13 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 7.4 SAO AUDIT A. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. B. Grantee shall comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 7.5 CONFIDENTIALITY Grantee shall maintain as confidential, and shall not disclose to third parties without System Agency's prior written consent, any System Agency information including but not limited to System Agency's business activities, practices, systems, conditions and services. This section will survive termination or expiration of this Contract. ARTICLE VIII. CONTRACT REMEDIES AND EARLY TERMINATION 8.1 CONTRACT REMEDIES To ensure Grantee's full performance of the Contract and compliance with applicable law, the System Agency reserves the right to hold Grantee accountable for breach of contract or substandard performance and may take remedial or corrective actions, including, but not limited to: i. suspending all or part of the Contract; ii. requiring the Grantee to take specific actions in order to remain in compliance with the Contract; iii. recouping payments made by the System Agency to the Grantee found to be in error; iv. suspending, limiting, or placing conditions on the Grantee's continued performance of the Project; v. imposing any other remedies, sanctions or penalties authorized under this Contract or permitted by federal or state statute, law, regulation or rule. 8.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC's notice of termination. The System Agency's right to terminate the Contract for convenience is cumulative of all rights and remedies which exist now or in the future. 8.3 TERMINATION FOR CAUSE Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: HEISC Grantee Uniform Terms and Conditions Page 14 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 i. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, in its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's Solicitation Response, if any, or Grantee's addition to the Excluded Parties List System (EPLS) will also constitute a material breach of the Contract. ii. Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the services and Deliverables, or otherwise fully perform its responsibilities under the Contract. ARTICLE IX. MISCELLANEOUS PROVISIONS 9.1 AMENDMENT The Contract may only be amended by an Amendment executed by both Parties. 9.2 INSURANCE A. Unless otherwise specified in this Contract, Grantee shall acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee shall provide evidence of insurance as required under this Contract, including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Grantee must produce renewal certificates for each type of coverage. B. These and all other insurance requirements under the Contract apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 9.3 LEGAL OBLIGATIONS Grantee shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee shall be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. HHSC Grantee Uniform Terms and Conditions Page 15 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 9.4 PERMITTING AND LICENSURE At Grantee's sole expense, Grantee shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or services required by this Contract. Grantee shall be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Grantee shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Contract. 9.5 INDEMNITY A. GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND SYSTEM AGENCY, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. B. THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLEGENT ACTS OR OMISSIONS OF THE SYSTEM AGENCY OR ITS EMPLOYEES. C. For the avoidance of doubt, System Agency shall not indemnify Grantee or any other entity under the Contract. 9.6 ASSIGNMENTS A. Grantee may not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of the System Agency, which may be withheld or granted at the sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency, assignment will not release Grantee from its obligations under the Contract. B. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non -state agency that is contracted to perform agency support. HHSC Grantee Uniform Terms and Conditions Page 16 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 9.7 INDEPENDENT CONTRACTOR Grantee and Grantee's employees, representatives, agents, Subcontractors, suppliers, and third -party service providers shall serve as independent contractors in providing the services under the Contract. Neither Grantee nor System Agency is an agent of the other and neither may make any commitments on the other party's behalf. Should Grantee subcontract any of the services required in the Contract, Grantee expressly understands and acknowledges that in entering such subcontract(s), System Agency is in no manner liable to any Subcontractor(s) of Grantee. In no event shall this provision relieve Grantee of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Contract. Grantee shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Contract shall not create any joint venture, partnership, agency, or employment relationship between Grantee and System Agency. 9.8 TECHNICAL GUIDANCE LETTERS In the sole discretion of the System Agency, and in conformance with federal and state law, the System Agency may issue instructions, clarifications, or interpretations as may be required during work performance in the form of a Technical Guidance Letter (TGL). A TGL must be in writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. Any TGL issued by the System Agency will be incorporated into the Contract by reference for all purposes when it is issued. 9.9 DISPUTE RESOLUTION A. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used to attempt to resolve any dispute arising under the Contract. B. If a contract dispute arises that cannot be resolved to the satisfaction of the Parties, either Party may notify the other Party in writing of the dispute. If the Parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the Parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve the dispute. This provision will not apply to any matter with respect to which either Party may make a decision within its respective sole discretion. 9.10 GOVERNING LAW AND VENUE The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. 9.11 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the non- HHSC Grantee Uniform Terms and Conditions Page 17 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1C-62D5-08F6EF4BDBE2 enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 9.12 SURVIVABILITY Expiration or termination of the Contract for any reason does not release Grantee from any liability or obligation set forth in the Contract that is expressly stated to survive any such expiration or termination, that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the Contract, including without limitation the provisions regarding warranty, indemnification, confidentiality, and rights and remedies upon termination. 9.13 FORCE MAJEURE Neither Grantee nor System Agency shall be liable to the other for any delay in, or failure of performance, of any requirement included in the Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. 9.14 No WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Contract shall not be construed as a waiver of the violation or breach, or of any future violation or breach. 9.15 PUBLICITY A. Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the System Agency, the State of Texas, or any other State agency in any media release, public announcement, or public disclosure relating to the Contract or its subject matter, including in any promotional or marketing materials, customer lists, or business presentations. B. Grantee may publish, at its sole expense, results of Grantee performance under the Contract with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. C. Contractor is prohibited from using the Work for any Contractor or third party marketing, advertising, or promotional activities, without the prior written consent of System Agency. The foregoing prohibition includes, without limitation, the placement of banners, pop-up ads, or other advertisements promoting Contractor's or a third party's products, services, workshops, trainings, or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Contractor as part of the Work. HHSC Grantee Uniform Terms and Conditions Page 18 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 9.16 PROHIBITION ON NON -COMPETE RESTRICTIONS Grantee shall not require any employees or Subcontractors to agree to any conditions, such as non -compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 9.17 No WAIVER OF SOVEREIGN IMMUNITY Nothing in the Contract will be construed as a waiver of the System Agency's or the State's sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Contract or by its conduct prior to or subsequent to entering into the Contract. 9.18 ENTIRE CONTRACT AND MODIFICATION The Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible. 9.19 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. 9.20 PROPER AUTHORITY Each Party represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. 9.21 E -VERIFY PROGRAM Grantee certifies that it utilizes and will continue to utilize the U.S. Dept tent of Homeland Security's E -Verify system to determine the eligibility of: i. all persons employed to perform duties within Texas during the term of the Contract; and ii. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant to the Contract within the United States of America. 9.22 CIVIL. RIGHTS A. Grantee agrees to comply with state and federal anti -discrimination laws, including: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d etseq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); HHSC Grantee Uniform Terms and Conditions Page 19 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CEGB-4E1C-B2D5-0BF6EF4BDBE2 v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Contract. B. Grantee agrees to comply with all amendments to the above -referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. D. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: http://hhscx.hhsc.texas.gov/system-support- services/civil-rights/publications E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Depaitlnent of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. F. Upon request, Grantee shall provide HHSC's Civil Rights Office with copies of the Grantee's civil rights policies and procedures. G. Grantee must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Contract. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51' Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885. HHSC Grantee Uniform Terms and Conditions Page 20 of21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 9.23 SYSTEM AGENCY DATA As between the Parties, all data and information acquired, accessed, or made available to Contractor by or through System Agency or System Agency contractors, including all electronic data generated, processed, transmitted, or stored by Contractor in the course of providing data processing services in connection with Contractor's performance hereunder, (the "System Agency Data"), is owned solely by System Agency. Contractor has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Contractor to fulfill its obligations under the Contract or as authorized in advance in writing by System Agency. For the avoidance of doubt, Contractor is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. HHSC Grantee Uniform Terms and Conditions Page 21 of 21 v. 2.16.1 Effective 03/26/2019 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 ATTACHMENT D CONTRACT AFFIRMATIONS By entering into this Contract, Contractor affirms, without exception, as follows: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractors principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may providesendces under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Contractor represents and warrants that all statements and information provided to HHSC are current complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Contractor understands that HHSC will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public information Act, available in a format that is accessible by the public at no additional rha,ge to the State. 4. Coa4ractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, if any, are rejected unless expressly accepted by HHSC in writing. 5. Contractor agrees that HHSC bas the right to use, produce, and distribute copies of and to disclose to HHSC employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHSC deems necessary to complete the procurement process or comply with state or federal laws. 6. Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of HHSC. 7. Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment gift, loan, gratuity, special discount trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response. 8. Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not inelieible to receive this v. 1.3 August 2018 Pare 1 of 6 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 9. Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 10. Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. 11. Contractor certifies that it and its principals are not suspended or debarred fiom doing business with the state or federal government as listed an the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Managemwtl (SAM) maintained by the General Services Administration- This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.FJZ Part 376, and any relevant regulations promulgated by the Department or Agency funding this project This provision =hall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part isfrom federal funds. 12. Contractor certifies that it is not listed on the federal government's terrorism watch list as described in Executive Order 13224. 13- Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 14. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not (1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or (3) a person who employs a current or former executive head of an HHS agency. 15. Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 16. Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 17. Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). v. 13 August 2018 Pare 2. of 6 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 18. Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 19. Contractor agrees that upon request of HHSC, Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 20. Contractor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutoy requirements relating to accessibility by persons with visual impairments. Accordingly, Contractor represents and warrants to HHSC that the technology provided to HHSC for purchase (if applicable under this Contract or any related Solicitation) is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: • providing equivalent access for effective use by both visual and non -visual means; • presenting information, including prompts used for interactive communications, in formats intended for non -visual use; and • being integrated into networks for obtaini E retrieving, and disseminating information used by individuals who are notblind or visually impaired. For purposes of this Section, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. In accordance with Section 2157.005 of the Texas Government Code, the Technology Access Clause contract provision remains in effect for any contract entered into before September 1, 2006. 21. If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 22. If this Contract is for the purchase or lease of covered television equipment then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television. Equipment Recycling Program. 23. Contractor represents and warrants, during the twelve (12) monthperiod immediately prior to the date of the execution of this Contract, none of its employees including, but not limited to those will provide services under the Contract was an employee of an HHS Agency. Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts with and involving former and retired state agency employees), Contractor will not allow any former employee of the System Agency to perforin services v. 1.3 .AuEUSt 2013 Page 3 of 6 DocuSign Envelope ID: AF602527-CEEB-4E1C-B2D5-08F6EF4BDBE2 under this Contract during the twelve (12) month period immediately followinw the employee's last date of employment at the System Agency. 24_ Contractor acknowledges that, pursuant to Section 571069 of the Teras Government Code, a former state officer or employee of a state agency who during the period of state service or employment participatedon behalf of a state agency in a procurement or contract negotion involving Contactor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn_ 25. If this Contract is for consulting services under Chapter 2254 of the Texas Government Code, in acoorrdance with Section 2254.033 of the Texas Government Code, Contractor certifies that it does not employ an individual who was employed by System Agency or another agency at any lime daring the two years preceding the submission of any related Solicitation Response related to tfric Contract or, in the alternative, Contractor has disclosed in any related Solicitation Response the following: (i) the nature of the previous employment with System Agency or the other agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation at the timeof the employment was terminated_ 26. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to HMG under this Contractor any related Solicitation and that Contractor's provisionof the requested goods andfor services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety_ 27. Contractor understands. that HHSC does not tolerate any type of fraud- The agency's policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls- Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees ar contractors who suspect fraud waste or abuse (including employee misconduct that would constitute find, waste, ar abuse) are required to immediately report the questionable activity to both the Health and Human Services Commission's Office of the Inspector General at 1-800-436-6124 and the State Auditor's Office. Contractor agrees to comply with all applicable laws, rules, regulations, sod BHSC policies regarding fraud including, but not limited to, IRIS Circular C -02L 2S. The undersigned affirms under penalty of perjury of the laws of the State of Texas that (a) in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex- Bus. & COMM- Code Chapter 15; (b) in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any federal antitrust Law; and (c) neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the sane line of business as the Contractor. August 2418 Pap 4 ofd DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 29- Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations Within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or senrices, or otherwise be relevant to HHSC's consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to HHSC a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract relate to the contracted or similar goods or services, or otherwise be relevant to HHSC's consideration of entering into this Contract. In addition, Contractor aclmowledges this is a continuing disclosure requirement Contractor represents and warrants that Contractor cha11 notify HHSC in waiting within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update HHSC shall constitute breach of contract and may result in immediate contract termination. 30. Contractor represents and warrants that pursuant to Section 2270.002 of the Texas Government Code, Contractor does not boycott Israel and will not boycott Israel during the term of this Contract. 31. Contractor certifies that for contracts for senrices, Contractor shall utilize the U.S. Department of Homeland Security's E -Verify system during the term of this Contract to determine the eligibility of: (a) all persons employed by Contractor to perform duties within Texas; and (b) all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 32. Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract 33. Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 34. Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current complete, true, and accurate. Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. s. 1.3 Auavit 2018 Page 5 of 6 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 35. Contractor represents and warrant" that the individual signing this Contract is authorized to sign on behalf of Contractor and to bind the Contractor. Authorized representative on behalf of Contractor must complete and sign the following: Legal Name of Contractor Signature of Authorized Date Signed Representative Printed Name and Title of Phone Number Authorized Representative Federal Employer Identification Fax Number Number DUNS Number Email Address Physical Street Address City, State, Zip Code Mailing Address, if different City, State, Zip Code v. 13 August 2018 Page 6 of 6 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 ATTACHMENT E Supplemental Conditions THE FOLLOWING SUPPLEMENTAL CONDITIONS APPLY TO THIS CONTRACT AND MODIFY THE HHS UNIFORM TERMS AND CONDITIONS a. The following sections of these Uniform Terms and Conditions will not apply to interagency or interlocal contracts: i. Indemnity, Section 9.5; ii. Insurance, Section 9. 2; iii. Debt and Delinquencies, Section 3.3; and iv. Dispute Resolution, Section 9.9, SPECIAL CONDITIONS SECTION 1.01 NOTICE OF CONTRACT ACTION Grantee shall notify the assigned contract manager if Grantee has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. SECTION 1.02 NOTICE OF BANKRUPTCY Grantee shall notify in writing to the assigned contract manager of its plan to seek bankruptcy protection within five days of such action by Grantee. SECTION 1.03 NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS a. Grantee shall immediately report in writing to the assigned contract manager when Grantee has knowledge or any reason to believe that they or any person with ownership or controlling interest in the organization/business, or their agent, employee, contractor or volunteer that is providing services under this Contract has: 1. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; or 2. Been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. v. 11.15.2016 Page 1 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 b. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by the System Agency. SECTION 1.04 GRANTEE'S NOTIFICATION OF CHANGE. OF CONTACT PERSON OR KEY PERSONNEL The Grantee shall notify in writing the assigned contract manager within ten days of any change to the Grantee's Contact Person or Key Personnel. SECTION 1.05 DISASTER SERVICES In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Grantee may be called upon to assist the System Agency in providing the following services: a. Health and medical assistance; b. Assessment of health and medical needs; c. Health surveillance; d. Medical care personnel; e. Health and medical equipment and supplies; f. Patient or community evacuation; g. In-hospital care and hospital facility status; h. Food, drug and medical device safety; i. Worker health and safety; j. Mental health and substance abuse; k. Public health information; 1. Vector control and veterinary services; and m. Victim identification and mortuary services. The Grantee has the authority to utilize approximately 5% of staff's time supporting this contract for response efforts. DSHS shall reimburse Contractor up to 5% of this contract funded by Center for Disease Control and Prevention (CDC) for personnel costs responding to an emergency event. Grantee shall maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre -event time period. Grantee shall notify the assigned contract manager in writing when this provision is implemented. SECTION 1.06 INTERIM EXTENSION AMENDMENT a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. The System Agency shall provide written notice of interim extension amendment to the Grantee under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or 2. To ensure that services are provided to clients without interruption. v. 11.15.2016 Page 2 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 c. The System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d. Grantee will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section (b)(1) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (b)(2) above shall be a one-time extension for a period of time determined by the System Agency. v. 11.15.2016 Page 3 DocuSign Envelope ID: AF602527-CE8B-4E1C-B205-08F6EF4BDBE2 Attachment F Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact # 1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact #2 Name, Email and Phone Number: ZIP Code: 9 -digits Required www.usps.com DUNS Number: 9 -digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Annette Rodriquez Signature of Authorized Representative Title of Authorized Representative Health Director Date -1- Department of State Health Services Form 4734 — June 2013 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 Attachment F Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? n Yes No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? n Yes ❑ No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? n Yes No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes n No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John BIum:500000;Mary Redd:S0000;Eric Gant:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: -2- Department of State Health Services Form 4734 — June 2013 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 ATTACHMENT G HHS DATA USE AGREEMENT This Data Use Agreement ("DUA"), effective as of the date the Base Contract into which it is incorporated is signed ("Effective Date"), is entered into by and between a Texas Health and Human Services Enterprise agency ("HHS"), and the Contractor identified in the Base Contract, a political subdivision of the State of Texas ("CONTRACTOR. ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information. 45 CFR 164.504(e)(1)-(3). This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User" means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; HHS Data Use Agreement 07101511PAA Omnibus Compliant October, 2015 TACCHO VERSION Page 1 of 15 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR, or that CON 1RACTOR may, for an Authorized Purpose, create, receive, maintain, use, disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein "PHI"); (3) Ch. 521; Sensitive Personal Information defined by Texas Business and Commerce Code (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative" of the Individual, as defined by Texas law, including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code §166.164; and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 2 of 15 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law. 45 CFR 164.502(b)(1); 45 CFR 164.514(d) (B) Except as Required by Law, CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 C.F.R. 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management, to carry out CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code §181.101 (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C.F.R. 164.308(a)(1)(ii)(C); 169.530(e); 164.410(b); 164.530(b)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to IRIS within 48 hours of HHS' request. 45 CFR 164.504(e)(2)(ii)(A) (E) CONTRACTOR will not attempt to re -identify or further identify Confidential Information or De -identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(0 and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and (4); Texas Health & Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR' s obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(ii); 164.504(e)(1)(i) and (2). (G) CONTRACTOR is directly responsible for compliance with, and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of HHS Data Use Agreement 071015H[PAA Omnibus Compliant October, 2015 TACCHO VERSION Page 3 of 15 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request. CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR' s possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.524and 164.504(e)(2)(ii)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to HHS for review subsequent to CONTRACTOR' s incorporation of any amendments requested pursuant to HIPAA. 95 CFR 164.504(e)(2)(ii)(E) and (F). (J) If PHI is subject to this Agreement, CON TRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164.504(e)(2)(ii)(G) and 164.528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access toor amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(e); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR' s legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if: 45 CFR 164.504(e)(4)(A). HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 4 of 15 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 (1) Disclosure is Required by Law, provided that CON 1 RACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and (c)Notify CON TRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 95 CFR 164.504(e)(4)(ii)(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS, use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. § 164.501 and permitted by HIPAA. 45 CFR 164.509(e)(2)(i)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at HHS's election and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONIRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CON IRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CON1RACTOR, has been Destroyed or sent to HHS, and that CON TRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction. If such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 169.504(e)(2)(ii)(1) (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 5 of 15 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential Information, CON1RACTOR will complete and return to HHS at infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry (SPI) at Attachment 1 . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d). (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 6 of 15 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work. 45 CFR 164.308; 164.316; 164.514(d); 169.530(1)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received, used or disclosed by CONTRACTOR for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308; 164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164.504(e)(2)(i)(1). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws. A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule, regulation or law, HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De -identification of HHS Confidential Information is a means of security. With respect to de -identification of PHI, "secure" means de -identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312; 164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses, has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: • Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; • The Privacy Act of 1974; • OMB Memorandum 07-16; HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 7 of 15 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 — An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A — Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS 45 CFR 164.400-414. (A) CONTRACTOR will cooperate fully with HHS in investigating, mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 8 of 15 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-OBF6EF4BDBE2 (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS's reasonable satisfaction (the "incident response period"). 45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing, initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 169.410. (c) Name, and provide contact information to HHS for, CON 1 RACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice. No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CON1RACTOR's investigation, including without limitation and to the extent available: For (a) - (m) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach; including how it occurred and who is responsible (or hypotheses, if not yet determined); (d) A brief description of CON 1 RACTOR's investigation and the status of the investigation; (e) A description of the types and amount of Confidential Information involved; HHS Data Use Agreement 071015HI AA Omnibus Compliant October, 2015 TACCHO VERSION Page 9 of 15 DocuSign Envelope ID: AF602527-CE13B-4E1C-B2D5-06F6EF4BDBE2 (f) Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age, telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR' s initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS 's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm, including without limitation CONTRACTOR' s provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); (j) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor or Individuals and any law enforcement that may be involved in the Event or Breach; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and (m) Any reasonably available, pertinent information, documents or reports related to an Event or Breach that HHS requests following Discovery. 4.02 Investigation, Response and Mitigation. 45 CFR 164.308, 310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 10 of 15 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators or third -parties, as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third -parties, or any notice required by other state or federal authorities. HHS shall have ten (10) business days to provide said feedback to CON TRACTOR. Notice letters will be in CON I RACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, if required by applicable law, rule, or regulation, for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made. If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 11 of 15 DocuSign Envelope ID: AF602527-CE6B-4E1 C-B2D5-08F6EF4BDBE2 ARTICLE 5. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation, receipt, maintenance, use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CON IRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection, HHS's agent(s) include, without limitation, the IMS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 12 of 15 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation, the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible, ISIS shall report the violation to the Secretary of the U.S. Depatlutent of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. 6.05 Governing Law, Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. 6.06 Injunctive Relief (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CON 1 RACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly, CONTRACTOR agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. HHS Data Use Agreement 071015HJPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 13 of 15 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self -insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CON1RACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. 6.09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6.10 Automatic Amendment and Interpretation If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or (ii) any change in the judicial or administrative interpretation of any such law, regulation or rule„ upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 14 of 15 DocuSign Envelope ID: AF602527-CE8B-4E1 C-B2D5-08F6EF4BDBE2 be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 15 of 15 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 OMB Number: 4040-0007 Expiration Date: 01/31/2019 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, ,rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 424B (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 DocuSign Envelope ID: AF602527-CE8B-4E1C-B2D5-08F6EF4BDBE2 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally -assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Health Director APPLICANT ORGANIZATION DATE SUBMITTED city of"corpus-'christi Standard Form 424B (Rev. 7-97) Back DocuSign Envelope ID: AF602527-CE8B-4EIC-B2D5-08F6EF4BDBE2 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. *APPLICANT'S ORGANIZATION city of,'Corpu`s Chr`i'sti * PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: * Last Name: *Title: * First Name: !Annette Rodrl guez. Health Director Middle Name: Suffix: * SIGNATURE: * DATE: Certificate Of Completion Envelope Id: AF602527CE8B4E1CB2D508F6EF4BDBE2 Status: Sent Subject: New $328,736; HHS00047600001; Corpus Christi - Nueces County Public Health District; DSHS/RLSS/LPHS Source Envelope: Document Pages: 65 Certificate Pages: 2 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Signatures: 0 Initials: 0 Record Tracking Status: Original 4/24/2019 8:48:01 AM Holder: Texas Health and Human Services Commission PCS_DocuSign@hhsc.state.tx.us Signer Events Signature Timestamp Docu Envelope Originator: Texas Health and Human Services Commission 1100 W. 49th St. Austin, TX 78756 PCS_DocuSign@hhsc.state.tx.us IP Address: 167.137.1.16 Location: DocuSign Annette Rodriquez annetter@cctexas.com Health Director City of Corpus Christi Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign David Gruber david.gruber@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Sent: 4/24/2019 8:56:48 AM Viewed: 4/24/2019 10:34:45 AM Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Carbon Copy Events CMS Mailbox cm ucontracts@dshs.texas. goy Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Darlene Winzenried darlene.winzenried @h hsc.state.tx. us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Status Status Timestamp COPIED COPIED Timestamp Sent: 4/24/2019 8:56:47 AM Sent: 4/24/2019 8:56:47 AM Carbon Copy Events Elma Medina elmamed i na©dsh s.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Isidora Prado isidorop@cctexas.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Notary Events Envelope SummaryEvents Envelope Sent Payment Events Status COPIED COPIED Signature Status Hashed/Encrypted Status Timestamp Sent: 4/24/2019 8:56:47 AM Viewed: 4/24/2019 9:02:18 AM Sent: 4/24/2019 8:56:48 AM Viewed: 4/24/2019 9:02:15 AM Timestamp Timestamps 4/24/2019 8:56:48 AM Timestamps AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting June 18, 2019 Second Reading Ordinance for the City Council Meeting June 25, 2019 DATE: TO: June 7, 2019 Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning/Environmental Services DanielMc(a�cctexas.com (361) 826-7011 First Reading Ordinance — Expanding the Boundaries of Industrial District No. 2 CAPTION: Ordinance amending Ordinance No. 029958 by expanding the boundary of the City's Industrial District No. 2 to add approximately 213 acres to the current approximately 4,157 acres, with new acreage generally located between Callicoate Road and Rand Morgan Road and between State Highway 44 and the City Limit Boundary near Mallard Drive, which includes an existing industrial district facility. PURPOSE: To expand the boundary of Industrial District No. 2 by approximately 213 acres to include other industrial development in the extraterritorial jurisdiction that is immediately north of the current boundary of Industrial District No. 2. BACKGROUND AND FINDINGS: The industrial districts were originally created in the 1980s, and the boundaries of the current Industrial District No. 2 was most recently defined in 2013 by Ordinance No. 029958. The current acreage of Industrial District No. 2 is 4,157 acres and is partially occupied by Lyondell Bassell (Equistar). Additional industrial development has occurred north of Industrial District No. 2. To account for this new development adjacent to the City Limit Boundary, the boundary of Industrial District No. 2 is proposed for expansion to encompass the nearby parcels that are owned by the same industrial company, Lyondell Bassell (Equistar), and expand Industrial District No. 2 by approximately 213 acres. This expansion could yield the City approximately $66,000 in annual revenue beginning tax year 2020 in additional Industrial District No. 2 collections. All Industrial District No. 2 agreements will expire 12/31/2024, it's the intent of the city to have a new agreement negotiated and ready to go before the expiration takes place in 2024. ALTERNATIVES: City Council could choose not to approve the expansion of Industrial District No. 2. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The proposed expansion is consistent with City Policy and the Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Planning City Manager's Office FINANCIAL IMPACT: El Operating o Revenue El Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibit Map Ordinance amending Ordinance No. 029958 by expanding the boundary of the City's Industrial District No. 2 to add approximately 213 acres to the current approximately 4,157 acres, with new acreage generally located between Callicoate Road and Rand Morgan Road and between State Highway 44 and the City Limit Boundary near Mallard Drive, which includes an existing industrial district facility. WHEREAS, under Texas Local Government Code Chapter 42, Section 42.044, the Governing body of any city has the right, power and authority to designate any part of the area located in its extraterritorial jurisdiction as an Industrial District, and to treat such area from time to time as such governing body may deem to be in the best interest of the City; and WHEREAS, included in such rights and powers of the governing body of any city is the permissive right and power to enter into written agreements with the owner or owners of land in the extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city for a period of time, and other such terms and considerations as the parties might deem appropriate; and WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas (the "City"), to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein as being in the best interest of the City and its citizens; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, approved November 26, 1980, as amended, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues and to authorize new industrial district agreements to replace those that were about to expire, the City of Corpus Christi has enacted Ordinance No. 029958, approved September 17, 2013, which reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein collectively called "Industrial Districts;" Page 1 of 6 WHERAS, additional development in the area near Industrial District No. 2 has necessitated an expansion of the boundary of Industrial District No. 2 to include an additional 213 acres, which connects the current Industrial District No. 2 to the City Limit boundary near Mallard Drive; and WHEREAS, the City specifically retained its right to adjust the boundary of any Industrial District from time to time, and it is in the best interest of the citizens of the City to adjust the boundary of Industrial District No. 2 at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. Ordinance 029958 is amended by replacing that portion of Exhibit A of Ordinance 029958, which lays out the boundaries of Industrial District No. 2, with the attached Map and Metes and Bounds Showing the Boundary of Industrial District No. 2. That portion of Exhibit A laying out the boundaries of Industrial District No. 1 shall remain the same. Ordinance 029958 as amended is re -authorized. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor Page 2 of 6 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 Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez Page 3 of 6 Metes and Bounds Description 4,370 acres Industrial District #2 Tract STATE OF TEXAS COUNTY OF NUECES Notes, May 9, 2019 Approximately 4,370 acres of land within Nueces County, Texas, outside the city limits of the City of Corpus Christi and generally bounded on the south by the existing north right-of-way line of State Highway No. 44; on the west by the east right-of-way of Farm to Market Road 1694 (Caillicoate Road), from State Highway No. 44 to Swetlick Road (County Road 44); on the north by the south right-of-way Swetlick Road, from Farm to Market Road 1694 to Farm to Market Road 24 (violet Road) and on the east right-of-way line of Farm to Market Road 24; to the present city limit line and on the east by the present city limit line and the easterly right-of-way line of Rand Morgan Road and being more fully described as follows: Beginning at the intersection of the existing north right-of-way line of State Highway 44 with the existing east right-of-way line of Farm to Market Road No. 1694 (Caillicoate Road) for the southwest corner of a 1.5 acre tract out Lot 4 of the W.B. Baker Subdivision of the Cody Partition (Volume 2, Page 16, Map Records of Nueces County, Texas), described in Document No. 2007036659 of the Official Public Records of Nueces County, Texas (Tax ID 0376-000-0400) and for the southwest corner of this District; THENCE, in a northerly direction, with the east right-of-way of Farm to Market Road No. 1694 (Caillicoate Road), approximately 8,785 feet to the intersection of said east right-of-way line of Farm to Market Road No. 1694 (Caillicoate Road) with the south right-of-way line of Swetlick Road (County Road No. 44), for the northwest corner of a 4.88 acre tract out of Lot 25 of the W.B. Baker Subdivision of the Cody Partition (Volume 2, Page 16, Map Records of Nueces County, Texas) Described in Document No. 2012000441 of the Official Records of Nueces County, Texas (Tax ID 0376-0000-2508 and for the northwest corner of this District; THENCE, in an easterly direction, with the south right-of-way line of Swetlick Road (County Road No. 44), at approximately 5,144 feet pass the northeast corner of a 153.4117 -acre tract out of Lots 22 thru 25 of the W.B. Baker Subdivision of the Cody Partition (Volume 2, Page 16, Map Records of Nueces County, Texas), described in Document No. 20010158 -141/ of the Official Public Records of Nueces County, Texas (Tax ID 0376-0000-2210) and the westerly right -o f -way of said Farm to Market Road No. 24 (Violet Road) and continuing in an easterly direction to the east right -of -way of said Farm to Market Road No. 24 (Violet Road) for an interior comer of this District; THENCE, in a northerly direction, with the east right-of-way of said Farm to Market Road No. 24 (Violet Road), same being the west boundary of the Equistar Chemicals, LP 66.13 -acres out of South half of tract 2 Abstract 925 Survey 414 OCL, being out of Assessors Map 139, described in Document No. 19980376- /30/MER, Official Public Records of Nueces County, Texas (Tax ID 0270 -0020-0000), a distance of approximately 5958.0 feet for the northwest corner of said Equistar Chemicals, LP 66.13 -acre tract and with the City of Corpus Christi city limits line, for corner of this District; Page 4 of 6 THENCE, in a southeasterly direction, with the above - mentioned City of Corpus Christi city limits line, at approximately 11,466 feet pass the approximate center of Mckinzie Road and continuing in a southeasterly direction, with the above- mentioned City of Corpus Christi city limits line, a total distance of approximately 21,757 feet to the intersection of said city limits line with the existing west right -of - way of Rand Morgan Road, same being the east boundary of a 187.47 acre tract out of Lots 1 thru 4, Block 403 of the Rowena Shaefer Land Volume 3, Page 17, Map Records of Nueces County, Texas), described in Document No. 2008044422, Official Public Records of Nueces County, Texas (Tax ID 7911 - 0000-0210) and for a corner of this District; THENCE, in a southerly direction, with the existing west boundary of said Rand Morgan Road, same being the east boundary of said 187.47 -acre tract, a distance of approximately 645 feet to the intersection of said west boundary of Rand Morgan Road with the existing north right-of-way line of State Highway 44 for the southeast corner of said 187.47 -acre tract and for the southeast comer of this District; THENCE, in a westerly direction, with the existing north boundary of State Highway 44, at approximately 7,900 feet pass the approximate center of McKinzie Road, at approximately 18,100 feet pass the approximate center of Farm to Market Road 24 (Violet Road), in all a total approximate distance of 23,208 feet to the Point of Beginning and containing approximately 4,157 acres of land. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983 (2011) Epoch 2010.00 Page 5 of 6 MAP iv LINE BEARING L1 N 0-30-56 W L2 N 89-24-30 E L3 N 9-27-6 E L4 S 56-34-14 E L5 S 1-16-47 E L6 S 88-28-39 W 0 1,750 3,500 DISTANCE 8,785' 5,144' 5,958' 21,757' 645' 18,100' 7,000 1 inch = 2,500 feet DATE: MAY 9, 2019 DRAWN BY: A. OLT City of Corpus Christi Feet Rand Morgan Road i i City of / Corpus Christi / L4 / L5 " 11111 Mckinzie Rd L3 b L2 cr U County.y d 24 L6 d County Road 1694 r L1 POINT OF BEGINNING Page 6 of 6 Industrial District No. 2 Expansion Council Presentation June 18, 2019 Location Ca/alien Industrial District #1 Annaville ' Robstown xur?�; tri, 91JiuJI.b.h, Ya wit llYtA , r, Tab, IJDI, vu1lit-i 1.1: i5yr,v r nRy 2 Proposed Expansion Industrial District #4 Area of Expansion Industrial District #2 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 6/18/2019 Second Reading Ordinance for the City Council Meeting of 6/25/2019 DATE: TO: FROM: May 20, 2019 Peter Zanoni, City Manager Nina Nixon -Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Amendment to the City Code of Ordinances, Article I, Sec. 49-12 CAPTION: Ordinance amending Corpus Christi Code of Ordinances Section 49-12 to require applicant(s) to provide a current fair market value appraisal for the closure of improved streets, alleys, or rights-of- way, require payment of fair market value for improved alleys, and update outdated terms or language. PURPOSE: The purpose of this ordinance is to amend language in Sec 49-12 paragraph C to require the applicant to provide a current fair market value appraisal at the applicant's expense for improved streets. Additionally, it requires payment of fair market value for improved alleys and updates outdated terms or language. BACKGROUND AND FINDINGS: The Corpus Christi City Code of Ordinances Article I. Sec 49-12 currently requires the City to provide a fair market value appraisal even when the City is not initiating the application. Prior to closing a street, alley or public right-of-way, the City would obtain a fair market value appraisal of the right-of-way. If the applicant does not agree with the appraised value, then the applicant can obtain their own appraisal. The Code requires a fair market value appraisal for all applications whether improved or unimproved. The Code provides that applicants pay the fair market value for improved streets and rights-of-way, but the Code does not require payment for improved alleys. The City of Corpus Christi's Development Services Department is a fee-for-service department. The City no longer has a licensed Real Estate appraiser on staff to calculate the fair market value of a property. The fees charged for a street, alley, or public right-of-way closure application do not include charges associated with acquiring a fair market value appraisal. The cost for an appraisal can range from $1,500 to $4,500 depending upon complexity. The current street closure application fee of $605.00 does not include the extra cost associated with obtaining a fair market value appraisal. The department must contract with real estate appraisal companies to obtain a fair market value appraisal at a cost to the City. The costs associated with obtaining a fair market value appraisal for an improved street, alley or public right-of-way should be the responsibility of the originator of the request. On June 18, 2019, City Council approved the first reading of the ordinance and requested staff amend the ordinance for the second reading. The ordinance had required the applicant to provide a current fair market value appraisal at the applicant's expense for improved streets and alleys. Since improved streets require fair market value payment, Council members requested the term "unimproved" be better defined to ensure that caliche roads were not considered improved streets. Discussion also centered on using the county appraisal district values for fair market value determination up to $20,000. If the value exceeded that amount a current appraisal should be obtained by the applicant. After careful consideration and review of other municipalities staff determined $5,000 to be a more appropriate value. Therefore, in response to Council discussion code language was modified to state: "fair market value of an improved street, alley, or right-of-way shall be established by the average of the values of the adjoining parcels using the current county appraisal district valuation. Should the average valuation for the area to be vacated exceed five thousand dollars, a current appraisal shall be obtained by the applicant." Also, language was added to define unimproved streets and alleys as not being improved with asphalt or concrete pavement. ALTERNATIVES: Denial of the proposed amendment and continue under the existing language in this section of the City Code of Ordinances. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: These requirements are compliant with the City Code of Ordinances. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities and Finance Department stated no objections regarding the proposed language amendment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance PowerPoint Presentation Ordinance amending Corpus Christi Code of Ordinances Section 49-12 to require applicant(s) to provide a current fair market value appraisal for the closure of improved streets, alleys, or rights-of-way, require payment of fair market value for improved alleys, and update outdated terms or language. WHEREAS, City of Corpus Christi, Department of Development Services, is requesting an Ordinance amending the City Code of Ordinances, Article I, Sec 49-12 — Petition council to establish or close streets, etc., to require applicant(s) to provide a fair market value appraisal for the closure of improved rights-of-way, require payment of fair market value for improved alleys, and update outdated terms or language. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinances, Chapter 49, Article I, Sec 49-12 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 49-12. - Petition Council to establish or closes streets, etc. (a) All persons desiring to have the city council exercise its powers under Section 1(a)(11) of Article X of the Charter, regarding the establishment or closing of public streets, alleys, or other public ways, shall file their request with the director of development services, in writing, directed to the city council. Such request shall contain an accurate description of the street, or portion thereof, desired to be opened, closed or altered, as the case may be and attached to such request shall be a list of all owners of property abutting the street or alley and within four hundred fifty (450) feet there from, together with the last known address of all such owners. Unless all such owners of abutting property join in the request, a statement shall be attached to the request showing the reason for nonparticipation of those who have not signed the request. All grants of establishment or closing of public streets, alleys, or other public ways must be recorded in the real property records of the county in which the property is located. Prior to permitting any construction on the land, an up-to-date survey, abstracted for all streets, alleys or public ways and items of record must be submitted to the director of development services. (b) Each request shall be accompanied by the payment of a nonrefundable application fee in the amount of five hundred thirty dollars ($530.00) to cover the expense of administrative processing and a fee of seventy-five dollars ($75.00) to cover all notification and legal publication costs incurred by the city. The seventy-five dollars ($75.00) fee will be refunded if the processing of the applicant's request does not reach the notification and publication stage and the city does not incur such expenses. (c) Due to the value of the property released by the city in any action involving the closure vacation, reduction or alteration of any public street, alley or other public way, any person who acquires such property under the terms of this section shall pay to the city the fair market value. Fair market value of an improved street, alley, or right-of-way shall be established by the average of the values of the adjoining parcels using the current county appraisal district valuation. Should the average valuation for the area to be vacated exceed five thousand dollars, an a current appraisal shall be prepared or obtained by the city applicant(s) Applicants , for review by the city. Appraisal must be conducted within 6 months prior to the request by an appraiser licensed by the State of Texas. An exemption or credit shall be allowed against such payments under the following circumstances: (1) No further payment shall be required for the closure vacation of all or a portion of a public alley when such property would be acquired by an abutting property owner is not improved with asphalt or concrete pavement. (2) No further payment shall be required if the closure vacation or alteration is initiated by the city when such closure vacation or alteration is reasonably required for the proper completion of a public improvement project. A credit equal to all or a portion of such payment shall be allowed when the person makes a simultaneous dedication of other street right-of-way designed to provide traffic circulation meeting the requirements of the master urban transportation plan or other street plan acceptable to the city. (4) No further payment shall be required for any public street or other public way established by a recorded plat, survey, deed, easement, gift or other means and which is not improved with asphalt or concrete pavement and not used for any public street purpose. The term "public street purpose" is hereby defined to include; one or more of the following: but is not limited to curbs, gutters, sidewalks, pavement, drainage ditches, water, sewer and gas lines, line poles and wires, and other public utility installations. The application of any exemptions or the evaluation of any credits provided herein shall be made in the reasonable discretion of the city exercised in good faith. The payments required by the terms of this section shall be tendered in the form of a certified or cashier's check prior to the placement of the ordinance effecting the closure on the council agenda. In the event that the ordinance fails to pass, said check shall be returned. (3) (d) All payments received by the city pursuant to this section, other than administrative fees and expenses, shall be paid into a fund which is hereby established as the "street trust account" to be used for land acquisition and improvements related to street projects in the city. SECTION 2. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 3. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 4. This ordinance is effective immediately upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Ordinance amending Corpus Christi Code of Ordinances Section 49- 12 to require applicant(s) to provide a current fair market value appraisal for the closure of improved streets, alleys, or rights-of-way, to remove payment exemption for improved alleys, and to update outdated terms or language. WHEREAS, City of Corpus Christi, Department of Development Services, is requesting an Ordinance amending the City Code of Ordinances, Article I, Sec 49-12 — Petition council to establish or close streets, etc., to require applicant(s) to provide a fair market value appraisal for the closure of improved rights-of-way, require payment of fair market value for improved alleys, and update outdated terms or language. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinances, Chapter 49, Article I, Sec 49-12 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 49-12. - Petition Council to establish or closes streets, etc. (a) All persons desiring to have the city council exercise its powers under Section 1(a)(11) of Article X of the Charter, regarding the establishment or closing of public streets, alleys, or other public ways, shall file their request with the director of development services, in writing, directed to the city council. Such request shall contain an accurate description of the street, or portion thereof, desired to be opened, closed or altered, as the case may be and attached to such request shall be a list of all owners of property abutting the street or alley and within four hundred fifty (450) feet there from, together with the last known address of all such owners. Unless all such owners of abutting property join in the request, a statement shall be attached to the request showing the reason for nonparticipation of those who have not signed the request. All grants of establishment or closing of public streets, alleys, or other public ways must be recorded in the real property records of the county in which the property is located. Prior to permitting any construction on the land, an up-to-date survey, abstracted for all streets, alleys or public ways and items of record must be submitted to the director of development services. (b) Each request shall be accompanied by the payment of a nonrefundable application fee in the amount of five hundred thirty dollars ($530.00) to cover the expense of administrative processing and a fee of seventy-five dollars ($75.00) to cover all notification and legal publication costs incurred by the city. The seventy-five dollars ($75.00) fee will be refunded if the processing of the applicant's request does not reach the notification and publication stage and the city does not incur such expenses. (c) Due to the value of the property released by the city in any action involving the closure vacation, reduction or alteration of any public street, alley or other public way, any person who acquires such property under the terms of this section shall pay to the city the fair market value. Fair market value of an improved street, alley, or right-of-way shall be established by an a current appraisal prepared or obtained by the city applicant(s) Applicants who do not agree with the city's appraisal of the value of closed strccts may secure their own appraisal, at applicant's expense, for review by the city. Appraisal must be conducted within 6 months prior to the request by an appraiser licensed by the State of Texas. An exemption or credit shall be allowed against such payments under the following circumstances: (1) No further payment shall be required for the closure vacation of all or a portion of a public alley when such property would be acquired by an abutting property owner is not improved. (2) No further payment shall be required if the closure or alteration is initiated by the city when such closure or alteration is reasonably required for the proper completion of a public improvement project. A credit equal to all or a portion of such payment shall be allowed when the person makes a simultaneous dedication of other street right-of-way designed to provide traffic circulation meeting the requirements of the master urban transportation plan or other street plan acceptable to the city. (4) No further payment shall be required for any public street or other public way established by a recorded plat, survey, deed, easement, gift or other means and which is not improved and used for any public street purpose. The term "public street purpose" is hereby defined to include, but is not limited to curbs, gutters, sidewalks, pavement, drainage ditches, water, sewer and gas lines, line poles and wires, and other public utility installations. (3) The application of any exemptions or the evaluation of any credits provided herein shall be made in the reasonable discretion of the city exercised in good faith. The payments required by the terms of this section shall be tendered in the form of a certified or cashier's check prior to the placement of the ordinance effecting the closure on the council agenda. In the event that the ordinance fails to pass, said check shall be returned. (d) All payments received by the city pursuant to this section, other than administrative fees and expenses, shall be paid into a fund which is hereby established as the "street trust account" to be used for land acquisition and improvements related to street projects in the city. SECTION 2. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 3. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 4. This ordinance is effective immediately upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Amendment to Code of Ordinances, Article I, Sec 49-12 City Council Presentation June 18, 2019 Ordinance Language ARTICLE I. — STREETS AND SIDEWALKS Sec. 49-12. — Petition Council to establish or closes streets, etc. (c) Due to the value of the property released by the city in any action involving the closure vacation, reduction or alteration of any public street, alley or other public way, any person who acquires such property under the terms of this section shall pay to the city the fair market value. Fair market value of an improved street, alley, or right-of-way shall be established by a -n a current appraisal prepared or obtained by the city applicant(s), Applicants \who do not agree with the city's appraisal of the value of closed streets may secure their own appraisal, at applicant's expense, for review by the city. Appraisal must be conducted within 6 months prior to the request by an appraiser licensed by the State of Texas. An exemption or credit shall be allowed against such payments under the following circumstances: (1) No further payment shall be required for the closure vacation of all or a portion of a public alley when such property _ ... _ .. ... _ . _ . _ .. - is not improved. Ordinance Language (2) No further payment shall be required if the closure or alteration is initiated by the city when such closure or alteration is reasonably required for the proper completion of a public improvement project. (3) A credit equal to all or a portion of such payment shall be allowed when the person makes a simultaneous dedication of other street right-of-way designed to provide traffic circulation meeting the requirements of the mastcr urban transportation plan or other street plan acceptable to the city. (4) No further payment shall be required for any public street or other public way established by a recorded plat, survey, deed, easement, gift or other means and which is not improved and used for any public street purpose. The term "public street purpose" is hereby defined to include, but is not limited to curbs, gutters, sidewalks, pavement, drainage ditches, water, sewer and gas lines, line poles and wires, and other public utility installations. Approved Street Closures From Sep 2015 thru the Present there were 10 Street and 4 Alley closure requests that were approved by Ordinance: - 5 improved streets with a payment of fair market value totaling: $160,780.43 - 5 unimproved streets - 4 alleys Staif Recommendation Approval AGENDA MEMORANDUM First Reading for the City Council Meeting of June 18, 2019 Second Reading for the City Council Meeting of June 25, 2019 DATE: May 23, 2019 TO: Peter Zanoni, City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jermel Stevenson, Director Parks and Recreation jermels@cctexas.com (361) 826-3042 Ordinance Granting an Easement and Temporary Construction Easement CAPTION: Ordinance granting an easement and a temporary construction easement to Southwestern Bell Telephone, LP (SWB) across Ben Garza Park for SWB's existing facilities so that SWB can update its fiber cable system as part of the Harbor Bridge Project. PURPOSE: Southwestern Bell Telephone (SWB) is required to reconstruct an existing underground cable facility within the City's park as a result of the Harbor Bridge project. There is an existing SWB facility located within the park; however, a recorded easement could not be located by either the City or SWB. This ordinance is to establish and delineate an easement for SWB's existing facilities. BACKGROUND AND FINDINGS: The City acquired 11.07 acres of land for Ben Garza Park in 1935. In the early 1940's, Southwestern Bell Telephone installed a manhole with various telephone cable conduits within the park. The cables provided communication services to the residents in the vicinity around the park. The facility installed by SWB was gradually updated with fiber optic cables and other infrastructure. As part of the Harbor Bridge project, SWB needs to update the fiber cable system and rebuild the old manhole which serves as a cable hub. A recent search of the easement records was made at the Nueces County Clerks office. A recorded Project No.: N/A 1 EG/GH Legistar No.: 19-0814 Rev. 1 — 06/03/19 easement to SWB was not found for their facility. The possibility exists that SWB was a franchisee of the City at the time and a permit or license was issued to install their facilities. In the absence of a recorded easement or any other type of license, City has agreed to grant SWB a perpetual easement to replace what could not be located. The new easement will delineate a 20 -foot wide strip located across the park as shown on the attached Vicinity Map. A temporary construction easement will adjoin the permanent easement. SWB has provided the Easement for Underground Telecommunication Facilities for approval by City Council. The easement requires SWB to move their facilities, at their cost, if it interferes with any future City improvements. City Council approval is needed to grant any real property rights. The passage of this ordinance grants the easement and allows the City Manager or designee to execute the attached easement instrument. ALTERNATIVES: 1.) Grant this easement to Southwestern Bell Telephone, LP (Recommended) 2.) Deny the grant of the easement which could result in possible eminent domain proceedings by SWB and delays to the Harbor Bridge Project (Not Recommended) OTHER CONSIDERATIONS: Grant the easement as requested to document and delineate an easement within the park. Without documenting the underground line, there is risk of severing the fiber cable system during any future construction by the City. CONFORMITY TO CITY POLICY: The City is authorized under its home -rule authority, as well as under the grant of powers under Section 1, Article X of the Charter, to convey property. This ordinance also conforms to Section 1, Article IX of the Charter. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Department Park & Recreation Department Project No.: N/A 2 EG/GH Legistar No.: 19-0814 Rev. 1 — 06/03/19 FINANCIAL IMPACT: [ ] Operating [ ] Revenue [ ] Capital [X] Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): None COMMENTS: No expenditures are requested. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Easement for Underground Telecommunications Facilities Location Map Vicinity Map Presentation Project No.: N/A 3 EG/GH Legistar No.: 19-0814 Rev. 1 — 06/03/19 Ordinance granting an easement and a temporary construction easement to Southwestern Bell Telephone, LP (SWB) across Ben Garza Park for SWB's existing facilities so that SWB can update its fiber cable system as part of the Harbor Bridge Project. Whereas, Southwestern Bell Telephone (SWB) installed a manhole with various telephone cable conduits within Ben Garza Park in the early 1940s; Whereas, SWB needs to update its fiber cable system and rebuild the manhole as part of the Harbor Bridge Project; Whereas, neither SWB nor the City could locate an easement of record for SWB's facilities located in Ben Garza Park; Whereas, in order for SWB to perform the required work on their facilities in Ben Garza Park, the City is granting an easement to delineate SWB's existing underground telecommunication facilities. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That a 20 -foot wide Easement with a 30 -foot wide Temporary Construction Easement be granted to Southwestern Bell Telephone, LP, for the purpose of constructing, operating, maintaining, altering, relocating, repairing, replacing and removing underground telecommunication facilities across Ben Garza Park. SECTION 2: That the City Manager or designee is authorized to execute the easement and other related documents for the conveyance of the easement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED, this the day of , 2019 ATTEST: Rebecca Huerta City Secretary Mayor SOUTHWESTERN BELL TELEPHONE, L.P. EASEMENT FOR UNDERGROUND TELECOMMUNICATIONS FACILITIES THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL PERSONS BY THESE PRESENTS: THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, CITY OF CORPUS CHRISTI, [hereinafter referred to as "GRANTOR" (whether one or more)], and SOUTHWESTERN BELL TELEPHONE, L.P., 14575 Presidio Square, Room 230, Houston, TX 77083, (hereinafter referred to as "GRANTEE"); wherein GRANTOR, in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns (hereinafter collectively referred to as "GRANTEE"), a permanent easement (hereinafter referred to as the "easement") for the purposes hereinafter set forth, upon, across, over, under and within a tract of land described in Exhibit "A", and shown on Exhibit "B", said exhibits attached hereto and incorporated herein by reference for all purposes. The easement granted herein occupies part of GRANTOR's property located in Nueces County, Texas (hereinafter referred to as the "Property"), and described as follows: Being a tract of land containing 0.2801 acre (12,203 square feet) situated in the J.M. Bargas Survey, A-17 in Nueces County, Texas being all of the residue of a called eight (8) acre tract as conveyed unto the City of Corpus Christi by deed recorded in Volume 219, Page 317 of the Deed Records of Nueces County, Texas and also being all of a called 3.07 acre tract as conveyed unto the City of Corpus Christi by deed recorded in Volume 219, Page 319 of the Deed Records of Corpus Christi, Texas. It is distinctly understood that this agreement does not constitute a conveyance of the Property, nor of the minerals therein and thereunder, but grants only a right-of-way and easement subject to the following: (a) GRANTEE hereby agrees to defend, indemnify and hold harmless the GRANTOR from and against any and all claims, demands, or causes of action of whatever nature, asserted by others which are caused by or arise in any manner out of acts or omissions of GRANTEE in the use and occupancy of the easement herein granted by GRANTEE, its employees, contractors or any other persons acting under its control. (b) The right-of-way and easement granted hereby is subject to all, if any, valid and subsisting oil, gas, sulphur, and mineral lease or leases, unitization agreements, deeds, easements, rights-of-way, restrictive covenants, mineral and royalty grants and reservations, or other instruments now of record in the appropriate records of Nueces County, Texas which affect the easement. 1 Job No. CTU -001-19 Ben Garza park (c) This easement is granted for the specific purposes of permitting GRANTEE to construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace, and remove such underground electrical and telephone, telegraph, signal and other telecommunications systems and lines, circuits, and conduits, together with such other underground appurtenances thereto, as GRANTEE, its successors and assigns, may from time to time require upon, across, over, under and within said easement; the right of pedestrian and vehicular ingress to and egress from the surface of the easement utilizing the surface of easement,. (d) GRANTEE shall not have the right to construct, build, install, maintain, have, or permit any above ground structures, facilities, apparatus, lines, installations, equipment, or appurtenances to any thereof, of any kind or character, on the surface of the easement hereby granted, except necessary route markers or signs. (e) GRANTOR, its successors and assigns, shall have the right to use the surface and subsurface of the easement herein granted insofar as such use does not impair, interfere with or obstruct the use of the easement by GRANTEE, or its successors and assigns. GRANTOR shall have the right to dedicate, construct, operate, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace, and remove (i) roads, streets, sidewalks, and parking lots over, across, and along the easement herein granted, and (ii) electric, gas, and water lines or drainage structures, and public utility facilities across and through, and along, the easement herein granted, and such activities shall not constitute interference with said easement and the rights conveyed hereby, so long as such improvements do not impair, interfere with or obstruct GRANTEE'S use of the easement for the purposes set forth herein. (f) GRANTOR may require GRANTEE, at GRANTEE'S expense, to remove, lower or relocate GRANTEE'S telecommunications facilities situated in the Easement in the event the same materially interferes with or will materially interfere with (1) development of GRANTOR' S property; (2) any facility modifications or additions of GRANTOR; (3) any road or proposed road; or (4) any operation or proposed operation of GRANTOR. (g) Subject to the rights granted to GRANTEE as set forth herein, after the construction of GRANTEE'S telecommunications facilities and also after any later operation done or caused to be done by GRANTEE which affects GRANTOR'S Property or any part thereof, GRANTEE shall promptly restore the surface grade affected thereby to as nearly as practicable the same condition it was prior to such operations. GRANTEE shall pay GRANTOR for any damages caused by GRANTEE, its employees or persons acting under its control, during such operations. (h) GRANTOR warrants that they are the owner of the Property occupied by the easement herein granted, and that they have the right to make this conveyance and receive the consideration therefor. GRANTOR covenants that GRANTEE, its successors and assigns, may quietly enjoy the easement for the uses herein stated. In addition, GRANTOR hereby warrants and represents they have no knowledge of the existence of past or present production, storage, treatment or disposal of any toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to the easement or GRANTOR's Property described herein, including but not limited to "hazardous substances" or "toxic substances" as defined by the Comprehensive Environment Resource Compensation and Liability Act of 1980, as amended, and the Hazardous Material 2 Job No. CTU -001-19 Ben Garza park Transportation Act, as amended and any contamination contributed by GRANTEE shall be removed forthwith by GRANTEE, and shall be solely liable thereof. GRANTOR does hereby additionally GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a temporary construction easement 30 feet wide for GRANTEE'S use in constructing its electrical and telecommunications systems and lines as set forth above, and all appurtenances thereto, upon, over, across, under and within a tract of land located of and adjacent to the permanent easement described in Exhibit "A" and shown on Exhibit "B" attached hereto. The herein granted temporary construction easement shall terminate sixty (60) days after the commencement of the construction and installation of GRANTEE'S telecommunications facilities into the permanent easement described herein. The easement and the temporary construction easement are hereinafter collectively referred to as the "easements". TO HAVE AND TO HOLD the herein described easements, together with all and singular the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind themselves, and their heirs and assigns, to warrant and forever defend all and singular the easements unto GRANTEE and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. SIGNED AND EXECUTED this CITY OF CORPUS CHRISTI By: Name: Title: Job No. CTU -001-19 Ben Garza park day of , 2019. 3 THE STATE OF TEXAS COUNTY OF NUECES ACKNOWLEDGEMENT § § § This instrument was acknowledged before me on the . day of May, 2019, by of the City of Corpus Christi, a governmental entity. NOTARY PUBLIC IN AND FOR SAID COUNTY APPROVED AS TO LEGAL FORM, THIS 21 DAY OF (Y1 , 2019. By For THE CITY ATTORNEY et Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT After Recording, Please Return To: Mark Heidaker Property Acquisition Services, LLC. 19855 Southwest Freeway, Suite 200 Sugar Land, TX 77479 4 Job No. CTU -001-19 Ben Garza park TELECOMMUNICATION FACILITIES EASEMENT DESCRIPTION OF A TRACT OF LAND CONTAINING 0.2801 ACRE (12,203 SQUARE FEET) SITUATED IN J.M. BARGAS SURVEY, A-17 IN NUECES COUNTY, TEXAS Being a tract of land containing 0.2801 acre (12,203 square feet) situated in the J.M. Bargas Survey, A-17 in Nueces County, Texas, being all of the residue of a called eight (8) acre tract as conveyed unto the City of Corpus Christi by deed recorded in Volume 219, Page 317 of the Deed Records of Nueces County, Texas, and also being all of a called 3.07 -acre tract as conveyed unto the City of Corpus Christi by deed recorded in Volume 219, Page 319 of the Deed Records of Corpus Christi, Texas, said 0.2801 -acre tract being more particularly described by metes and bounds as follows: COMMENCING FOR REFERENCE at found 5/8" iron rod located in the south line of the residue of a called 2 -1/2 -acre tract as conveyed unto Manuel G. Martinez and Petra G. Martinez by deed recorded in Volume 739, Page 1468 of the Deed Records of Nueces County, Texas, for the northwest corner of said 3.07 -acre tract and for the northeast corner of Block 1, Lot 23 of Wilburn Addition, a subdivision plat recorded in Volume 7, Page 34 of the Map Records of Nueces County, Texas; THENCE South 01° 41' 27" East with the west line of said 3.07 -acre tract and the east line of said Lot 23, a distance of 67.96 feet to a set 5/8 -inch iron rod with yellow cap stamped "Cobb Fendley & Associates" for the northwest corner of said tract herein described and for the POINT OF BEGINNING; THENCE North 85° 20' 04" East at a distance of 167.41 feet passing the east line of said 3.07 -acre tract and the west line of said eight (8) -acre tract, continuing at a distance of 261.95 feet passing the southerly line of Howard Street (60 feet wide) (no dedication found, as occupied), continuing for a total distance of 348.71 feet to a set 5/8 -inch iron rod with yellow cap stamped "Cobb Fendley & Associates" located in the north line of said Howard Street and in a non -tangent curve to the left for a corner in the north line of said tract herein described; THENCE in a southeasterly direction with the north line of said Howard Street and said non -tangent curve to the left whose radius is 44.39 and whose central angle is 05° 21' 50" (chord bears South 86° 52' 28" East, a distance of 4.15 feet) for an arc length of 4.16 feet to a set 5/8 - inch iron rod with yellow cap stamped "Cobb Fendley & Associates" for the point of tangency and for a corner in the north line of said tract herein described; THENCE South 89° 33' 23" East continuing with the north line of said Howard Street, a distance of 256.58 feet to a found TxDOT brass disk located at the intersection of the north line of said Howard Street and the west right-of-way line of U.S. 286 (Crosstown Expressway) (width varies) and also located in the east line of said eight (8)=acre tract for the northeast corner of said tract herein described; Page 1 of 2 EXHIBIT A THENCE South 05° 43' 55" East with the east line of said eight (8) -acre tract, the east line of said Howard Street and the west right-of-way line of said U.S. 286, a distance of 20.12 feet to a set mag nail with washer stamped "Cobb Fendley Assoc." for the southeast corner of said tract herein described; THENCE North 89° 33' 23" West, being parallel to and 20.00 feet south of the north line of said Howard Street, a distance of 264.17 feet to a set mag nail with washer stamped "Cobb Fendley Assoc." for a corner in the south line of said tract herein described; THENCE South 85° 20' 04" West at a distance of 71.60 feet passing the south line of said Howard Street, continuing at a distance of 179.27 feet passing the west line of said eight (8) - acre tract and the east line of said 3.07 -acre tract, continuing for a total distance of 346.68 feet to a set mag nail with washer stamped "Cobb Fendley Assoc." located in the west line of said 3.07 - acre tract and the east right-of-way line of Howard Street (40 feet wide, Volume 7, Page 43, M.R.N.C.) for the southwest corner of said tract herein described; THENCE North 01° 41' 27" West with the west line of said 3.07 -acre tract and the east right-of-way line of said Howard Street, at a distance of 17.39 feet passing the southeast corner of said Lot 23, continuing with the west line of said 3.07 -acre tract and the east line of said Lot 23 for a total distance of 20.03 to the POINT OF BEGINNING and containing 0.2801 acre (12,203 square feet) of land, more or less. Notes: 1. All bearings shown hereon are referenced to the Texas Coordinate System, NAD83, South Zone (4205). 2. Square footage area shown is for information only and surveyor does not certify accuracy of survey to nearest square foot. 3. This metes and bounds description is referenced to a survey drawing prepared by Cobb, Fendley & Associates, Inc. dated April 4, 2019, titled "AT&T TELECOMMUNICATION FACILITIES EASEMENT SITUATED IN THE J.M. BARGAS SURVEY, A-17 IN NUECES COUNTY, TEXAS". Cobb, Fendley & Associates, Inc. TBPLS Firm Registration No. 100467 13430 NW Freeway, Suite 1100 Houston, TX 77040 Phone: 713-462-3242 Job Number 1814-056-01-02 April 4, 2019 Air v Page 2 of 2 1 r EXHIBIT A L0 0/ -0(J, DD NA NW 2N N C' 2' >2 C' C' m -C • >, m_, mom, A D O y> CO A0<A 0.101�N -4 mtr D „0 - pm WA 2NOA mTiO 8840 0 8KZBZK 02 ?coN Z O m A 2•z O a O 0 O 2 Om Pa37.Cr-,m AN Aa ZN'8 Sog •A OZD DK TN r7-, (17, Zn0 mN ZZm DO Km -i 0 m0 �••,O R* Ti N'E3 ; zi'vz 0rAn li OA o[o0 n~C 00 mm oz D p„ -t Z C0 mN (mj,O OZxr 2 (/ 00 C m Z D T 2”, D O Z rrnm Pm '<z rN" c-, K� 0Q Z2- 0 mm 6'p my O zy O A m a 8 A O N X mn z0 z;'' z �a D m N D D D N rr, z Do 0 41 < 0 > 0 y -10 Amy Z i'n 0 - m m 5 D .T01 N r N m m 2 •O QK O 7)Nm 1 ci D A Z N K m 0 8 m 00 0 1240 o i 2 z -i c 0 O -, 8 - 2 m 2 N 0 O 0 1814-056-01-02 0.2801 Acres AT&T Easement.dwa LOT 23 S 01.41'27" E 0 0 C m D C N 0 N 0 rn m z 0 2 0 2 O m rn 2 0 fN N z n 318V1 3AN010 6IOZ—YO-4 :a}oQ o` o Q 0 co O 0o A 1 C) T co W rn C co fD 0) 0 c co 0 0) '}a 0 z N m Z O v N 0 W 04 m co a Z 0 4.7 O N N 0 V1 z A m 318y1 31411 (0 1 N z C„,„ 2 ' LOT 23 O O O O a nr>�Co 2 11 II II zoo ON 01(N Z ? C 0 V p O _ N r i, o • m A C C - z as m-I 0 jZ a 0 a to �• m z H21Vd T T 0 a (n V N N W j Ol O O a sa4,W a x al so ▪ 0 0 O K O K o - rn 1 z ,LO'£9Z—M „£Z,££.613 0 f (n o '-7'; 2 0 Z 0 rn O e r- 500O 000 (P mO (K�7M NO z - ®� �V Orn DO ki0 2D 2 W N m z(.n 10 0 O0 O 0-3L,,,, 6-13-2,-- 0 -1' 0Nz 0NCz Tm D 0 m D m D ® m n N rn rn N m m V m N N d (n r - u W N 0 Z w 0 a, g COKE STREET a ; o N (60 FEET WIDE) a? v1 0 (VOLUME A, PAGE 10, g M.R.N.C.) 1 m �9 6a'// co (D Gl W N N U� rn 04 A 1 0 0 m r z 5 03 0 co MLIT O m W n o 0 O CD M 0 0 a N• ti Q X 0 �-I 0 o O C O 04 m co 2 a m ▪ N XI CO 7J s , l l'04l^ M „91,5£.00 S r U.S. 286 (CROSSTOWN EXPRESSWAY) (WIDTH VARIES) 0 w 0 rn 0 EXHIBIT B sv NUECES BAY 181 CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI SCALE: N.T.S. ORDINANCE GRANTING AN EASEMENT AND TEMPORARY CONSTRUCTION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Oh Ordinance Granting an Easement and Temporary Construction Easement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES %•••w to Corpus Chr sti Engineering Ordinance Granting an Easement and Temporary Construction Easement Council Presentation June 18, 2019 Project Location Corpus Chr sti Engineering SCALE: N.T.S. NUECES BAY C ORDINANCE GRANTING AN EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT CORPUS CHRISTI BAY TEXAS AIN UNIVERSITY CORPUS CHRISTI CORPUS CHRISTI NAVAL MR STATION FLOUR BLUFF Vicinity Map cgi Corpus Chr sti Engineering SWB Easement Details cs* Corpus Chr sti Engineering • City acquired Ben Garza Park property in 1935 • SWB installed cable system and manhole sometime in the 1940's • City and SWB have searched their records for permit, license or easement to SWB with no record found • SWB's has prescriptive rights for their improvements • SWB is required to update their telecommunication system in the park as a result of the New Harbor Bridge project • City will grant SWB an easement to delineate and document the location of the SWB facilities "1 Corpus Chr 1ti Engineering Questions? AGENDA MEMORANDUM First Reading Item for the City Council Meeting of June 18, 2019 Second Reading Item for the City Council Meeting of June 25, 2019 DATE: May 1, 2019 TO: Peter Zanoni, City Manager FROM: Miles Risley, City Attorney Email: MilesR@cctexas (361) 826-3360 Approve sale of lot at 5205 Edinburg Circle CAPTION: Ordinance approving the sale of 0.161 acres at 5205 Edinburg Circle for the highest cash offer received by real estate broker of $22,000.00 to B.B.M.M. Homes, Inc., a Texas Corporation. PURPOSE: To approve the sale of property and authorize execution of documents to finalize real estate sales transaction. BACKGROUND AND FINDINGS: On November 27, 2018, the City Council authorized real estate broker to sell the vacant residential lot at 5205 Edinburg Circle pursuant to Texas Local Government Code Section 253.014. The City has received an offer for the lot from B.B.M.M. Homes, Inc. in amount of $22,000.00. The property will be sold "As -Is". The lot is approximately 0.161 acres. ALTERNATIVES: Do not approve sale of property OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve real estate transactions. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Operating x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $22,000.00 $22,000.00 BALANCE $22,000.00 $22,000.00 Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 1020 General Fund 11020 Sale of City Property 888 Revenue 343590 Sale of City Property RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract Ordinance approving the sale of 0.161 acres at 5205 Edinburg Circle for the highest cash offer received by real estate broker of $22,000.00 to B.B.M.M. Homes, Inc., a Texas Corporation. Whereas, on November 27, 2018 the City Council authorized real estate broker to sell the lot at 5205 Edinburg Circle and the broker has submitted the highest cash offer received; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The statements made in the recital paragraphs of this ordinance are true and correct and incorporated into this ordinance. SECTION 2. That the following sale of surplus property is hereby approved: 5205 Edinburg Circle, Corpus Christi, Texas, with legal description of Inverness Unit A, Block 5, Lot 6, Corpus Christi, Texas, to B.B.M.M. Homes, Inc. for $22,000.00. SECTION 3. That the City Manager is authorized to execute any and all documents necessary to complete the real estate sales transactions including but not limited to zoning and plat applications, and all closing documents including special warranty deeds. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor At, TEXAS ASSOCIATION OF REALTORS COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM 8Y PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. ©Texas Association of REALTORS, Inc. 2014 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agree to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Corpus Christi, a Texas municipal corporation Address: 1201 Leopard St., Corpus Christi, Texas 78401 Phone: E-mail: Fax: Other: Buyer: B.B.M.M. Homes, Inc. and or its assigns Address: Phone: E-mail: Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in Nueces County, Tex.: at 5205 Edinburg Circle, CC, TX (address and that is legally described on the attached Exhibit A or as follows: An unimproved tract of land situated at 5205 Edinburg Circle being legally described as Inverness Unit A, Block 5, Lot 6, Corpus Christi, Nueces County, Texas. NCAD Tax ID#3697-0005-0060 See Exhibit "A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, Tice, a interest in a+ a ie;-t0ieeraeiieeep a ee4mrttleyo-e rirpe; leree-e eE4 4-e ±( "?` (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property, and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (1f mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing (2) Sum of all financing described in Paragraph 4 (3) Sales price (sum of 3A(1) and 3A(2)) (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer 13� $ 22,000.0 0.0 22,000.0 Page I c Commercial Contract - Unimproved Property concerning 5205 Edinburg C ircle,, C, Te x a; B. Adjustment to Sales Price: (Check (1) or (2) only.) El (1) The sales price will not be adjusted based on a survey. ❑ (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ ❑ (i) square foot of ❑ total area ❑ net area. ❑ (ii) acre of ❑ total area ❑ net area. N/A per: (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net ares means total area less any area of the Property within: ❑ (i) public roadways; ❑ (ii) rights-of-way and easements other than those that directly provide utility services to th, Property; and ❑ (iii) N/A (c) If the sales price is adjusted by more than N/A % of the stated sales price, either party ma terminate this contract by providing written notice to the other party within N/A days after th terminating party receives the survey. If neither party terminates this contract or if the variano is less than the stated percentage, the adjustment to the sales price will be made to the cas portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: ❑ A. Third Party Financing: One or more third party loans in the total amount of $ N/A Thi contract: ❑ (1) is not contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attache Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931 Buyer will assume the existing promissory note secured by the Property, which balance at closing vvi be $ N/A ❑ C. Seller Financing. The delivery of a promissory note and deed of trust to Seller under the terms of thl attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ N/A 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 500.00 as earnest mone with San Jacinto Title Company (titie compan; at 520 Lawrence St., Corpus Christi, TX 78401 (address) Shelly Grahmann (closer) If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any c Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposit the earnest money. B. Buyer will deposit an additional amount of $ N/A with the title company to he mad part of the earnest money on or before: ❑ (i) N/A days after Buyer's right to terminate under Paragraph 7B expires: or ❑ (ii) N/A Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 51 within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer _ )56, Page 2 of 1 Commercial Contract - Unimproved Property concerning _ 5 2 0 5 fbdr_gi r cI eCCTexa; C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy issued by any underwriter of the title company in the amount of the sales price, dated at or aftr_ closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless thi contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and bounder lines, or any encroachments or protrusions, or any overlapping improvements: ® (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insuranc (the commitment) including legible copies of recorded documents evidencing title exception Seller authorizes the title company to deliver the commitment and related documents to Buyer E Buyer's address. B. Survey: Within 10 days after the effective date: ® (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey t Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Surve standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A surve under the appropriate condition. Seller will reimburse Buyer 0.00 (rose. amount) of the cost of the survey at closing, if closing occurs. D (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective datE The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards. c (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under th, appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recer survey of the Property along with an affidavit required by the title company for approval of th, existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller' expense, will obtain a new or updated survey acceptable to the title company and deliver th acceptable survey to Buyer and the title company within 20 days after Seller receives notice that th existing survey is not acceptable to the title company. The closing date will be extended daily up t, 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer wi reimburse Seller 0.00 (insert amount) of the cost of the new or updated surve at closing, if closing occurs. C. Buyer's Objections to the Commitment and Survey: (1) Within 2 days after Buyer receives the commitment, copies of the documents evioencllig th title exceptions, and any required survey, Buyer may object in writing to matters disclosed in th items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect c encumbrance to title other than those permitted by this contract or liens that Seller will satisfy closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer Page 3 of 1 Commercial Contract - Unimproved Property concerning 5205 Edinburg Circle, CC, Texa: special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph 6B(1) applie Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of th survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after SeIIE receives the objections. The closing date will be extended as necessary to provide such time t cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminat, this contract by providing written notice to Seller within 5 days after the time by which Seller mu; cure the objections. If Buyer terminates, the earnest money, less any independent consideratio under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right tl object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller' expense, will complete the following before closing: None Buyer accepts the property in its AS IS, WHERE IS conditions with any and all faults. See Exhibit B. B. Feasibility Period: Buyer may terminate this contract for any reason within 30 days after th effective date (feasibility period) by providing Seller written notice of termination. (Check only one box. ® (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer les $._ 100.00 that Seller will retain as independent consideration for Buyer's unrestricte right to terminate. Buyer has tendered the independent consideration to Seller upon payment of th amount specified in Paragraph 5A to the title company. The independent consideration is to b credited to the sales price only upon closing of the sale. If no dollar amount is stated in thi Paragraph 7BLI) or if Buyer fails to deposit the earnest money,. Buyer will not have the right t terminate under this Paragraph 7B. (2) Not later than 3 days after the effective date, Buyer must pay Seller $ N/A a< independent consideration for Buyer's right to terminate by tendering such amount to Selier c Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded t Buyer and Seller will retain the independent consideration. The independent consideration will b credited to the sales price only upon closing of the sale. If no dollar amount is stated in thi Paragraph 71321 or if Buyer fails to pay the independent consideration Buyer will not have the rigs to terminate under this Paragraph 7B. C. Inspections, Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be complete any and all inspections, studies, or assessments of the Property (including all improvements an, fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, c assessments that Buyer completes or causes to be completed. (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer , Page 4 of 1 Commercial Contract - Unimproved Property concerning 5205 Edinbura Cite. CC. Tex a (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer i responsible for any claim, liability, encumbrance, cause of action, and expense resulting fror Buyer's inspections, studies, or assessments, including any property damage or personal injury Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any clair involving a matter for which Buyer is responsible under this paragraph. This paragraph survive termination of this contract. D. Property Information: (1) Delivery of Property Information: Within 5 days after the effective date, Seller will deliver t Buyer: (Check all that apply.) ❑ (weeriee=190-e ee iectoevret4 rig-te•4im-P►epertrtrleitieiiienr remeiifierttiel",retrOeiirfer# 9ioF aaerikikesofeiteie3449Ei999T ❑ (weeriee-ef- eelee:efiel.deeele.eimtfeeioergerir 4iae iatereorSue4. yef-wi +weiet&4hf+8e41e wiif4we4krerina4d+i=eorfo="efe+eiele g1 ❑ (0e4.ae aeiail-{iwe+iieoe-owiaixe eiatoag-fitoeeaeeame a teefeeia44+ealm aer a i+eerei-omol ee 1114(4110.00104204k4110404441g40411101.400p€10454 ❑ ()-eariee•ismierwkt5#4atr.e4er'eerf te<fey-#ie.Prereftr4ee4perieotofe ealei ttileeg • (e) plats of the Property; ❑ 0.)—eepieeaef=earrc+°rF•e 0reepeeirfettciivifremt.0te-Plepei°Epi.e•e+rater•ernehgeelnreligeeiriOee=pi'eefdi and ❑ (g) if any the above is in Seller's possession (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later tha 10 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and • (c) deliver copies of all inspection and assessment reports related to the Property that BuyE completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same mannE as on the effective date under reasonably prudent business standards; and (2) will not transfer dispose of any part of the Property, any interest or right in the Property, or any of the personal proper f or other items described in Paragraph 2B or sold under this contract. After the feasibility period end: Seller may not enter into, amend, or terminate any other contract that affects the operations of th Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effec according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease or make any amendment or modification to any existing lease without Buyer's written consent. Selle must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buye or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offset or damages; (3) any advance sums paid by a tenant under any lease; (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer ' h' Page 5 of 1 Commercial Contract - Unimproved Property concerning 5205 Edinburg Circle, CC Texa (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affec any lease; and (5) any amounts payable under the leases that have been assigned or encumbered, except as securit for loan(s) assumed or taken subject to under this contract. B. E•eteproef=6ettifeeteT -00 .irr--Nhor+r)r.r- #eri4ve. f.eutiee.eiztke76etit a defieerte'i3erpet'tem ea i#iea ee=ei ee4- a 4ea l e i �LLd igy-eaeiii• a a+ # a 4eaeeeiepae. + • e= l+--laeiee#e okoe i#iee ea+mea•meltrde. e.eei4iiiea ifoRe•eee+aieeil•i .+Iiieieer•lieel•4eoei® Goi. 41; •• erea.482 creewiaeie+ • •.Gov4iikoa4e•apri4-a+ oaeldiiie+okirii#•e ►a4iee•ireetisteeier I rr•# ,04- idpiera } aaidtpt§-#iwa�►eie�atrieler-iaare§tetp -4-4441, 4404=} icOrieedef ifeeitreale-eee add ipnc I iia#•era a:a#iera� ie - 8- e� iar� e -tae -era ioot da 4 I-£011 � of ''erm la®`ei ne ee4erpeiaee i #i#iee ! 9. BROKERS: A. The brokers to this sale are: Principal Broker: The Clowe r Company Cooperating Broker: _ATC Metro Properties Agent: George B. Clower Address: P.O. Box 2525 Corpus Christi, Texas 78403 Phone & Fax: 361.880.4111 E-mail: gbclower@aol.com License No.: 0428055 Principal Broker: (Check only one box) El represents Seller only. ❑ represents Buyer only. ❑ is an intermediary between Seller and Buyer. Agent: Al Ayala Address: Phone & Fax: 361.510.6172 E-mail: ala y. ho ryes@gmail. oom License No.: 418290 Cooperating Broker represents Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) ❑ (1) Seller will pay Principal Broker the fee specified by separate written commission agreemer between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specifies in the Agreement Between Brokers found below the parties' signatures to this contract. El (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: ® 4.5 % of the sales price. ❑ _N/A Cooperating Broker a total cash fee of: ❑ N/A % of the sales price. ❑ N/A The cash fees will be paid in Nueces County, Texas. Seller authorize the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Cade, authorizes a broker to secure an earned commissio with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by th amendment. (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer '( 61 Page 6 of 1 Commercial Contract - Unimproved Property concerning 10. CLOSING: 5205 Edinb ug Circle, CC Texas A. The date of the closing of the sale (closing date) will be on or before the later of: (1) =< Five (5) days after the expiration of the feasibility period. ❑ N/A __ (specific date). ❑ N/A (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies i Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a ❑ general ® special warrant deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed mug convey good and indefeasible title to the Property and show no exceptions other than those permitte under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not b, satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, c trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to th Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds a amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenu, Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by thi contract, the commitment, or law necessary for the closing of the sale and issuance of the titl policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bin Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by thi contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in th current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of thi sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinar wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is nc authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship betwee the parties. (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer 2 l(6 Page 7 of 1 Commercial Contract - Unimproved Property concerning 5205 Edinburg Circle CC TexE 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflit with other provisions of this contract. (If special provisions are contained in an Addendum, identify th Addendum here and reference the Addendum in Paragraph 220.) See Addendum to Contract attached hereto 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penaltie and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will b prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available or th closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxe for the year in which the sale closes vary from the amount prorated at closing, the parties will adju the prorations when the tax statements for the year in which the sale closes become available. Thi Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer a reserve deposits held by the lender for the payment of taxes, insurance premiums, and othE charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriat adjustment at closing. B. Rollback Taxes: If Seller changes the use of the Property before closing or if a denial of a speciE valuation on the Property claimed by Seller results in the assessment of additional taxes, penalties, c interest (assessments) for periods before closing, the assessments will be the obligation of the Seller If this sale or Buyer's use of the Property after closing results in additional assessments for period before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and th following advance payments received by Seller for periods after closing: prepaid expenses, advanc (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer _' i' Page 8 of 1 Commercial Contract - Unimproved Property concerning 5205 Ednbur• Circle CC, Texa rental payments, and other advance payments paid by tenants. Rents prorated to one party bL received by the other party will be remitted by the recipient to the party to whom it was prorated within days after the rent is received. This Paragraph 14C survives closing. 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failur except for any damages resulting from Buyer's inspections, studies or assessments in accordance wit Paragraph 7C(3) which Seller may pursue, or (Check if applicable) ❑ enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or th commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration undE Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default an, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration undE 5,4 Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; of ( em#ereeoepeei+isopa+#er wepeeTer-s tek-e*er- e4*-etea saopmievteleei-Torr ei&itet+ 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of th condemnation proceedings and the earnest money, less any independent consideration paid undE Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any leg proceeding brought under or with relation to this contract or this transaction, such party is entitled t recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. Thi Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closin, costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may requir payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the titl company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of th demand by providing to the other party a copy of the demand. If the title company does not receiv written objection to the demand from the other party within 15 days after the date the title company ser the demand to the other party, the title company may disburse the earnest money to the party makin demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving th earnest money and the title company may pay the same to the creditors. (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer 31"))( , Page 9 of 1 Commercial Contract - Unimproved Property concerning 5205 Edinburg Circle, CC, Tex. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursin any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company fror all claims related to the disbursal of the earnest money. E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to th title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to tte title company within 7 day after receipt of the request will be liable to the other party for liquidated damages in an amount equal t the sum of: (i) three times the amount of the earnest money; (ii) the earnest money; (iii) reasonabl, attorney's fees; and (iv) all costs of suit. G. ❑ Seller ❑ Buyer intend(s) to complete this transaction as a part of an exchange of like -kind propertie in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses i connection with the contemplated exchange will be paid by the exchanging party. The other party wi not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully an. in good faith to arrange and consummate the exchange so as to comply to the maximum exter feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of thi contract will not be affected in the event the contemplated exchange fails to occur. 19. MATERIAL FACTS: To the best of Seller's knowledge and belief: (Check only one box.) ❑ Prmeeife 4139le #mete=e+Hemryatt "t4efeetT"tri-O e'Frepelr'fg e,eecf m°ntr#eel'in=tfire■ett1+te4 6ermtier is epertr6errd ierrCtctterrerrt-(-T, fl_4-6$)7 ❑ l��ii4ee�as•e+��iee•i�ie�=�r��q;e=ae+��e�be��e•*�•a�+�ae�e� (•1-}—a.m+f.e+beurfapo e4 et oo, p4or• ae keels+ er•e •+oa ee+eo et (.24.—adi i elieotar.4iieaIemee144itRi+eiir•eendorn ioRreo.aeeeeemae+ a##eett+4@•#iie=.Roiefoei it (•2.).—erg ei�d+�e+ahi�aea�re�e°ei�eae•�ta##ee#••tge•eiab {•4}—w le er#14e• epei4rfe-ea.4iai-deeiiii-treeel.•#•er-tlsie-ete ate•eiisdiepeeel-e#-I4er;aeneie tteiielo. tuei*ioamaistierooikawiliofioeitmioer4igtioiaiiirei4ai .eaeEekli:e+ .# e•sooeoloieer`et (•b4.-0.get#mo-oa$ereebaetee-eeotoi - wakewalertioea■#ew a e#li4eaw-fi atiearJeae-ease iga+iatrie•+ elm('te-4iiie-co4 ei0•#iaat-i.a eiieei �a#eete•#4ie•#ealtii-e4•er •iam}•eeei•i{eapte+•er~et44 lrr4a+ e• s4ma+i iaiatsoof.ap .Rat4 .a,+a .amici=64.ww •o0.ic#edii.eia•4.kie. o 4 F64'e-a+i + e leiaeieraegimele#*awek ..€eelerroi.opetcte-4a;wei" oti ,• is=#4kie• ett+54 =errry�4iweetter+e•tiewerrdetTieled3epeee+-4ite+PO4et.err4l epeietir (4)— ohoy iposeer•eoimie4- a eeinkei:i•e444+ee4=0iss4e+y •iraspsts• ia•4iae* etaer# s. e+oie amts, cio data go. ci= •orci iagaji.aics. ef.tiae•i rciiaor#4+. Fes-aia+f=eaiatii#ieiameiayiaae4;**Iei e4la@o4doieiatee"aia,6• @kioaer:.eogoiaaraeav (Describe any exceptions to (1)-(10) in Paragraph 12 or an addendum.) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective whe hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notice to the broker representing the party to whom the notices are sent. ❑ A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. ❑ B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any disput related to 'this contract that may arise. If the dispute cannot be resolved by negotiation, the parties wi submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs c (TAR 1802) 4-1-14 Initialed for Identification by Seller and Buyer tli` Page 10 of 1 Commercial Contract - Unimproved Property concerning 5205 Edinburg Circle, CC Te.xL a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph doe not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, an. permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder c this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and a counterparts, collectively, constitute one agreement. ®®OOOOOO®o Addenda which are part of this contract are: (Check all that apply.) (1) Property Description Exhibit identified in Paragraph 2; ( Goe eieioitk6e+i its.. i g.444Ae► I ET,4 } (•2}.-Qpee werfieieia emerOy.gpos9ek ie4it-, a ei ew0 4.498}! (•4}—be wereial.8e +iae+. lee l ,40.1Seeeial9 e+iiefeepe-4 4$48: (44-411eiiee= e= leoha000. . fleala epe+4rr e� a4e+6=8ieirie+. 4a444B (44—Peleleomeki ► #ei&6eee4el9ea. e+4r(-T-°rR'440*t ( —94ddc durrr+er=iat'epertir eee4eei•49e everti,e0s+li eiE tatteeeeele1idWa'w 4$ (8) Information About Brokerage Services (TAR -2501); and (9) See attached addendum and Exhibit B (Note: Counsel for the Texas Association of REALTORS® (TAR) has determined that any of the foregoing addenda which at promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer ® may ❑ may not assign this contract. If Buyer assigns this contract, Buyer will be relieve, of any future liability under this contract only if the assignee assumes, in writing, all obligations an liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times fc performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, c legal holiday, the time for performance is extended until the end of the next day which is not a Saturda} Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations' the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, c Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainagE or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver an' Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of th district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about t purchase may be located in a certificated water or sewer service area, which is authorized by law t provide water or sewer service to the properties in the certificated area. If your property is located in certificated area there may be special costs or charges that you will be required to pay before you ca (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer 1"/ Page 11 of 1 Commercial Contract - Unimproved Property concerning 5205 Edinb urg arcle, CC, Texa receive water or sewer service. There may be a period required to construct lines or other facilitie necessary to provide water or sewer service to your property. You are advised to determine if th property is in a certificated area and contact the utility service provider to determine the cost that yo will be required to pay and the period, if any, that is required to provide water or sewer service to yon property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or befor the execution of a binding contract for the purchase of the real property described in the notice or closing of purchase of the real property.' The real property is described in Paragraph 2 of this contract D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of th state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area propert to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas NaturE Resources Code, requires a notice regarding the seaward location of the Property to be included a part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be include in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexatio by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. T determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalitie located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environment assessments, or inspections to determine compliance with zoning, governmental regulations, or laws Buyer should seek experts to perform such services. Buyer should review local building code ordinances and other applicable laws to determine their effect on the Property. Selection of expert inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualifie to determine the credit worthiness of the parties. 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or se the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Propert is located, on , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation o recommendation as to the legal sufficiency, legal effect, or tax consequences of this document c transaction. CONSULT your attorney BEFORE signing. Seller- City of Corpus Christi, a Texas municipal corporation Buyer:_B.B.M.M. Homes, Inc. By: By: By (signature): By (signature): Printed Name: Printed Name: '=• p �9 Title: Title: By: By: By (signature): By (signature): Printed Name: Printed Name: Title: Title: (TAR -1802) 4-1-14 Page 12 of 1 Commercial Contract - Unimproved Property concerning 5205 Edinburg Cir c1e CC, Texa AGREEMENT BETWEEN BROKERS (use only if Paragraph 98(1) is effective) Principal Broker agrees to pay ATC Metro Properties (Cooperating Broker) fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: • $ ,or ❑ 2.25 % of the sales price, or ❑ % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closinc This Agreement Between Brokers supersedes any prior offers and agreements for compensation betwee brokers. Principal Broker: 7 -5 2 Cooperating Broker: By: The Clower Company Seller's attorney: ATTORNEYS Buyer's attorney: Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. ❑ Buyer sends to Seller. Address: Phone & Fax - E -mail: Buyer's attorney requests copies of documents, notices, and other information: D the title company sends to Buyer. ❑ Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: ❑ A. the contract on this day (effective date); ❑ B. earnest money in the amount of $ in the form of on Title company: By: Assigned file number (GF#): Address: Phone & Fax: E-mail: (TAR -1802) 4-1-14 Page 13 of 1 EXHIBIT A 33 rn 34 ti I coxa I1,� 4. tr LIJ • "c -Si 35 7.50' POINT OF BEGINNING i�_>_— 36 LEANIN3S ARE WRN RE RD CE TO NE SOVMRITERLY MGM-oF-W LINE OF EOPSURO CIRCLE AS MORN= ON PIAT Of tJVERNo3 UNIT A Al RECORDED IN VCUM 411, PAGES 7172 Of THE NAP RECORDS OF 'RACES =SOY, TEXAS INVERNESS UNIT A VOL . 48, PGS. 71 — 72 M. R. N. C. T. 7 20' s c. 6 N. "'02'OO`E B3.56' -71 1114'440P41/0101.NINNIIIIIIMICEMA CURVE DATA: R = 34,50' L 6.27' CHORD - N82'02'53"E 6.25' POINT OF COMMENCEMENT 5 - 1 m MAPTO ACCOMPANY F1ELD NOTES. Sc.19155526 OLIn Fest E-10Total J.E. —J U M.R.NFCUND >JP IRECORDS.OF NCUETTCES COUNTY, TEXAS. OWNER: 6' (II7LTW EASKIOt4T ® crrY of CORPUS CARL= TEXAS CRY of CORPUS DOC. 2006021957 O.P.R.N.C.T, FIRM5 - CAPITAL PRDGRAI/S SIA4KY.4CiMTY - 361 -126 -.'SX EELNC A TRACT OF LANG CONTAINNNG 42E SO, FT. "(0.01 AC.1 our OF IAT 0, OL.DCK 5, INK1tliCiS UNIT A AS RECORDED IN VOLUME 48, PAGES 71 - 72 OF THE MAP RECORDS OF NUECES COUNri, TEXAS. Orb. o1 SIM Dwv « R ODf P.O./ 4' a AMMO n.lwe m one nowscisLocaouran THE CLOWER COMPANY Brokerage I Management I Development P.O. Box 2525 Corpus Christi, TX 78403 ADDENDUM to UNIMPROVED COMMERCIAL CONTRACT - UNIMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI ("SELLER") and B.B.M.M. Homes and/or its assigns ("BUYER") 1. This contract is contingent upon final approval and unanimous vote from the Corpus Christi City Council. 2. Buyer acknowledges that the subject property is being sold in its AS IS WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyers sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi — Development Services that the Buyer's intended use is permitted in the current zoning district of the said property. 6. In regards to Paragraph 17 — ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this contract, however, the Seller shall not be liable for any such attorney's fees." Seller's Initial's , Buyer's Initial's_/) C' . EXHIBIT "B" "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS -IS" "WHERE -IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's initial's , Buyer's Initial's (2(5' . AGENDA MEMORANDUM First Reading Item for the City Council Meeting of June 18, 2019 Second Reading Item for the City Council Meeting of June 25, 2019 DATE: May 1, 2019 TO: Peter Zanoni, City Manager FROM: Miles Risley, City Attorney Email: MilesR@cctexas (361) 826-3360 Approve sale of lot at 7101 Edgebrook Drive CAPTION: Ordinance approving the sale of 0.1431 acres at 7101 Edgebrook Drive for the highest cash offer received by real estate broker of $20,000.00 to Rebecca Christine Brandauer. PURPOSE: To approve the sale of property and authorize execution of documents to finalize real estate sales transaction. BACKGROUND AND FINDINGS: On November 27, 2018, the City Council authorized real estate broker to sell the vacant residential lot at 7101 Edgebrook Dr. pursuant to Texas Local Government Code Section 253.014. The City has received an offer for the lot from Rebecca Christine Brandauer in amount of $ 20,000.00. The property will be sold "As -Is". The lot is approximately 0.1431 acres or 6235 square feet. ALTERNATIVES: Do not approve sale of property OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve real estate transactions. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Operating x Revenue ❑ Capital x Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $20,000.00 $20,000.00 BALANCE $20,000.00 $20,000.00 Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 1020 General Fund 11020 Sale of City Property 888 Revenue 343590 Sale of City Property Comments: None RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract Ordinance approving the sale of 0.1431 acres at 7101 Edgebrook Drive for the highest cash offer received by real estate broker of $20,000.00 to Rebecca Christine Brandauer Whereas, on November 27, 2018 the City Council authorized real estate broker to sell the lot at 7101 Edgebrook Dr. and the broker has submitted the highest cash offer received; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The statements made in the recital paragraphs of this ordinance are true and correct and incorporated into this ordinance. SECTION 2. That the following sale of surplus property is hereby approved: 7101 Edgebrook Dr. Corpus Christi, Texas, with legal description of Club Estates South Lot 6, Block 1, Corpus Christi, Texas, to Rebecca Christine Brandauer for $20,000.00. SECTION 3. That the City Manager is authorized to execute any and all documents necessary to complete the real estate sales transactions including but not limited to zoning and plat applications, and all closing documents including special warranty deeds. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor TEXAS ASSOCIATION OF REALTORS COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM 8Y PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS1]IS NOT AUTHORIZED. Texas Association of REALTORSGG. Inc. 2014 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Corpus Christi, a Texas municipal corporation Address: 1201 Leopard St., Corpus Christi, Texas 78401 Phone: E-mail: Fax: Other: Buyer: Rebecca Christine Brandauer Address: 6816 Hergotz Ln Austin TX 78742 Phone: 254.289.1357 E-mail: equinebalance.info@gmail.com Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in Nueces County, Texas at 7101 Edgebrook Dr.. CC. TX (address) and that is legally described on the attached Exhibit A or as follows: An unimproved tract of land situated at 7101 Edgebrook Drive being legally described as Club Estates South, Block 1, Lot 6, Corpus Christi, Nueces County, Texas. NCAD Tax ID# 1653-0001-0060 See Exhibit "A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges. and appurtenances pertaining to the Property, including Seller's right, title, and interest in (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing $ 20,000.00 (2) Surn of all financing described in Paragraph 4 $ 0.00 (3) Sales price (sum of 3A(1) and 3A(2)) $ 20,000.00 (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer Page 1 of 13 Commercial Contract - Unimproved Property concerning 7101 Edgebrook Dr., CC, Texas B. Adjustment to Sales Price: (Check (1) or (2) only.) (1) The sales price will not be adjusted based on a survey. ❑ (2) The sales price will be adjusted based on the latest survey obtained under Paragraph GB. (a) The sales price is calculated on the basis of $ N/A per: ❑ (i) square foot of ❑ total area ❑ net area. ❑ (ii) acre of ❑ total area Cl net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: ❑ (i) public roadways; ❑ (11) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) N/A (c) If the sales price is adjusted by more than N/A % of the stated sales price, either party may terminate this contract by providing written notice to the other party within N/A days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: ❑ A. Third Party Financing: One or more third party loans in the total amount of $ N/A . This contract: D (1) is not contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931). Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ N/A ❑ C. Seiler Financing: The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ N/A 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 500.00 as earnest money with San Jacinto Title Company (title company) at 520 Lawrence St., Corpus Christi, TX 78401 (address) Shelly Grahmann (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ N/A with the title company to be made part of the earnest money on or before: ❑ (i) N/A days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (ii) N/A Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 4-1-14 Initialed for Identification by Seller �2C and Buyer , Page 2 of 13 Commercial Contract - Unimproved Property concerning 7101 Edgebrook Dr., CC, Texas C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies. conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read 'shortages in areas" at the expense of ❑ Buyer D Seller. (3) Within 5 days after the effective date. Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seiler authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 10 days after the effective date: (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer 0.00 (insert amount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (3) Seiler will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller's expense. will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller 0.00 (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyer's Objections to the Commitment and Survey: (1) Within 2 days after Buyer receives the commitment. copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a (TAR -1802) 4-1-14 Initialed for Identification by Seller !2C and Buyer Q , Page 3 of 13 Commercial Contract - Unimproved Property concerning 7101 Edgebrook Dr., CC, Texas special flood hazard area (an "A" or "V' zone as defined by FEMA). If Paragraph 6B(1) applies, Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seiler may; but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required. Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: None Buyer accepts the property in its AS IS, WHERE IS conditions with any and all faults. See Exhibit B. B. Feasibility Period: Buyer may terminate this contract for any reason within 30 days after the effective date (feasibility period) by providing Seiler written notice of termination. (Check only one box.) (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ 100.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(1) or if Buyer fails to deposit the earnest money. Buyer will not have the right to terminate under this Paragraph 7B. ❑ (2) Not later than 3 days after the effective date, Buyer must pay Seller $ N/A as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to pay the independent consideration, Buyer will not have the right to terminate under this Paragraph 7B. C. Inspections, Studies. or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense. may complete or cause to be completed any and all inspections. studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property: (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. �2C (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer Page 4 of 13 Commercial Contract - Unimproved Property concerning 7101 Edgebrook Dr., CC, Texas (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within 5 days after the effective date, Seller will deliver to Buyer: (Check all that apply.) ❑ ( • (e) plats of the Property; D y I, tt. , a f, e' , tl ,, r1 -p— t, v� . , ,d v". and • (g) if any the above is in Seller's possession V I,_, . F. I.r v (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) ® (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and a[I copies that Buyer made of those items; • (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and I (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease. or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (TAR -1802) 4-1-14 Initialed for Identification by Seller and BuyerRC Page 5 of 13 Commercial Contract - Unimproved Property concerning 7101 Edgebrook., CC Texas (4) any concessions. bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. . w;ll,;, N/A J ft ti tf t.v Jeal 0 11 11,11 l D 9. BROKERS: A. The brokers to this sale are; Principal Broker. The Clower Company Cooperating Broker: Century 21 Best of the Best Agent: George B. Clower Agent: Erkan Ozbent Address: P.O. Box 2525 Address: 6802 Saratoga Blvd. Corpus Christi, Texas 78403 Phone & Fax: E-mail: 361.880.4111 Corpus Christi, Texas 78414 Phone & Fax: 361.444.4020 gbclower©aol.com E-mail: erkanozbent@hotmail.com License No.: 0428055 Principal Broker: (Check only ane box) ® represents Seiler only. D represents Buyer only. ❑ is an intermediary between Seller and Buyer. License No.: 670701 Cooperating Broker represents Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) ® (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. Li (2) At the dosing of this sale. Seller will pay: Principal Broker a total cash fee of: N/A % of the sales price. ❑ N/A Cooperating Broker a total cash fee of: ❑ N/A % of the sales price. . ❑ N/A The cash fees will be paid in Nueces County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code. authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer g , Page 6 of 13 Commercial Contract - Unimproved Property concerning 7101 Edgebrook Dr., CC Texas 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) ® Ten (10) days after the expiration of the feasibility period. © N/A (specific date). D N/A (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a ❑ general ® special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will riot be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance. or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller: (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms: and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract. the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect: and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to dose the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 4-1-14 Initialed for Identification by Seller 12C and Buyer , Page 7 of 13 Untitled Printed: 9:2218 AM 12122/2015 Commercial Contract - Unimproved Property concerning 7101 Edgebrook Dr., CC Texas 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) See Addendum to Contract attached hereto 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan. taxes, rents, and any expense reimbursements from tenants will be prorated through the dosing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller changes the use of the Property before closing or if a denial of a special valuation on the Property claimed by Seller results in the assessment of additional taxes. penalties, or interest (assessments) for periods before closing. the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer RC, Page 8 of 13 Commercial Contract - Unimproved Property concerning 7101 Edgebrook Dr., CC, Texas rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. 15. DEFAULT: A. If Buyer fails to comply with this contract. Buyer is in default and Seller. as Seller's sole remedy(ies). may terminate this contract and receive the earnest money, as liquidated damages for Buyers failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 70(3) which Seller may pursue, or (Check if applicable) ❑ enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money. less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; ec 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; Or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorneys fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. if the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer f2C Page 9 of 13 Commercial Contract - Unimproved Property concerning 7101 Edgebrook Dr., CC, Texas C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to tte title company within 7 days after receipt of the request will be liable to the other party for liquidated damages in an amount equal to the sum of: (i) three times the amount of the earnest money; (ii) the earnest money; (iii) reasonable attorney's fees: and (iv) all costs of suit. G. ❑ Seller D Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. 19. MATERIAL FACTS: To the best of Seller's knowledge and belief: (Check only one box.) ❑ A. C4IIV1 Vf ally I IIuLV1; i J� f, Vt lV u.. PI„r,ul ly ,„„NI „ �t t J 11 tl1, ulluVi 1� J ❑�11 111.1 „lul ty oel,J;t;�l1 CtetLl11v1 .t (TAf1 1400) (Describe any exceptions to (1)-(10) in Paragraph 12 or an addendum.) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested. or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. ❑ A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. 0 B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of 1 (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer , Page 10 of 13 Commercial Contract - Unimproved Property concerning 7101 Edgebrook Dr., CC Texas a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and a!I counterparts, collectively, constitute one agreement. ®®❑❑❑❑❑❑®P Addenda which are part of this contract are: (Check all that apply.) (1) Property Description Exhibit identified in Paragraph 2; (8) Information About Brokerage Services (TAR -2501); and (9) See attached addendum and Exhibit B (Note: Counsel for the Texas Association of REAL TORS® (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer 123 may ❑ may not assign this contract. If Buyer assigns this contract. Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below. that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer RC, Page 11 of 13 Commercial Contract - Unimproved Property concerning 6099 Ennis Joslin Rd., CC, Texas receive water or sewer service. There may be a period required to construct lines cr other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. ❑. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys. engineering studies, environmental assessments, or inspections to determine compliance with zoning. governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes. ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. seller: City of Corpus Christi, a Texas municipal corporation Buyer: Rebecca Christine Brandauer By: By: SIRED 05/03/2019 s's11:36 AM C By (signature): By (signature): P Printed Name: Printed Name: Title: Title: By: By: By (signature): By (signature): Printed Name: Printed Name: Title: Title: (TAR -1802) 4-1-14 Page 12 of 13 Commercial Contract - Unimproved Property concerning 7101 Edgebrook Dr., CC, Texas AGREEMENT BETWEEN BROKERS (use only if Paragraph 9B(1) is effective) Principal Broker agrees to pay Century 21 Best of the Best (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: • $ N/A or ® 2.25 °/o of the sales price, or ❑ N/A % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at dosing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker The Clower Company Cooperating Broker: Century 21 Best of the Best By: By: ATTORNEYS Seller's attorney: Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. ❑ Buyer sends to Seller. Buyer's attorney: Address: Phone & Fax: E-mail: Buyer's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Buyer. ❑ Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: ❑ A. the contract on this day (effective date): ❑ B. earnest money in the amount of $ in the form of Title company: on Address: By: Phone & Fax: Assigned file number (GF#): E-mail: (TAR -1802) 4-1-14 Page 13 of 13 r/ EXHIBIT A An unimproved tract of land situated at 7101 Edgebrook Drive being legally described as Club Estates South, Block 1, Lot 6, Corpus Christi, Nueces County, Texas. NCAD Tax ID# 1653-0001-0060 Seller's Initial's , Buyer's Initial'sRC . THE CLOWER COMPANY Brokerage I Management I Development P.O. Box 2525 Corpus Christi, TX 78403 ADDENDUM to UNIMPROVED COMMERCIAL CONTRACT - UNIMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI ("SELLER") and REBECCA CHRISTINE BRANDAUER ("BUYER") 1. This contract is contingent upon final approval from the Corpus Christi City Council. 2. Buyer acknowledges that the subject property is being sold in its AS IS WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyers sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi — Development Services that the Buyer's intended use is permitted in the current zoning district of the said property. 6. In regards to Paragraph 17 — ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this contract, however, the Seller shall not be liable for any such attorney's fees." Seller's Initial's , Buyer's Initial's RC . EXHIBIT "B" "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS -IS" "WHERE -IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's 127 , Buyer's Initial's AGENDA MEMORANDUM One- Reading for the City Council Meeting of June 25, 2019 DATE: May 20, 2019 TO: Peter Zanoni, City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Ordinance Exempting The Coves at Lago Vista Unit 3C from Wastewater Acreage Fees CAPTION: Ordinance exempting The Coves at Lago Vista Unit 3C located south of South Oso Parkway and east of King Ranch Drive, from the payment of wastewater lot/acreage fees under Section 8.5.2.G.1 of the Unified Development Code; and declaring an emergency for a one -reading action. PURPOSE: Exempt the owner/developer of The Coves at Largo Vista Unit 3C from paying $46,297.37 wastewater acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: Vojo Ventures, LLC, property owner, submitted a request for an exemption from the wastewater acreage fees in accordance with UDC Section 8.5.2.G.1. The potential wastewater acreage fee is $46,297.37, based on the rate of $1,571 per acre. The subject property consists of 29.47 acres. The preliminary plat is 90.96 acres and consists of 95 single-family lots. Unit 3C is the final unit to be platted. The Coves at Lago Vista Unit 3C is a final plat of 29.47 acres, consisting of Thirty-five (35) lots, Zoned Residential Single Family. The final plat was approved by Planning Commission on May 15, 2019. The subject property is located south of South Oso Parkway and east of King Ranch Drive. On April 3, 2019, the Planning Commission granted a waiver to the requirement to connect to 1 sanitary sewer, finding that the subdivision was not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards and wastewater master plan. The subject property will provide on-site sewage facilities in conformance with the regulatory agency (City -County Health Department). Per UDC Section 8.5.2.G, areas exempt from the payment of lot or acreage fees shall be determined by the City Council to not likely be served by City Wastewater services within the next 15 years. Staff does not anticipate availability of service to this property within the 15 -year term. ALTERNATIVE: Require the owner to pay the applicable wastewater acreage fee in the amount of $46,297.37 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Trust fund contributions and exemptions will continue to be evaluated in the future. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: This item was coordinated with the Utilities Department. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑X Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Funding Detail: Fund: Org an ization/Activity: Mission Element: Project # (CIP Only): Account: 2 RECOMMENDATION: On April 3, 2019, the Planning Commission recommended that City Council approve the exemption of the wastewater acreage fee subject to a Sanitary Sewer Connection Agreement. The agreement will require connecting to public wastewater, and payment of the pro -rata fee, wastewater lot or acreage fee in effect if public wastewater becomes available within 15 years of the plat being filed for record. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation 3 Page 1 of 3 Ordinance Exempting The Coves at Lago Vista Unit 3C, located south of South Oso Parkway and east of King Ranch Drive, from the payment of the wastewater lot/acreage fees under section 8.5.2.G.1 of the Unified Development Code; and declaring an emergency for a one -reading action. WHEREAS, The Coves at Lago Vista Unit 3C, Located South end of South Oso Parkway and East end of King Ranch Drive, is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of The Coves at Lago Vista, Ronald A. Voss, VOJO Ventures LLC., the Planning Commission has recommended City Council approving the applicant request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the Wastewater Lot/Acreage Fees in the accordance with Section 8.5.2.G of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 3 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. SECTION 3. Upon the written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this 25th day of June, 2019. PASSED AND APPROVED, this the day of , 2019. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe McComb Mayor K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\SUMMER BREEZE ESTATE\1 - LAND DEVELOPMENT\2-PH II, BLK 1, LOTS 1- 10 -FINAL PLAT\8-WASTEWATER FEE EXEMPTION\CITY COUNCIL The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith Page 3 of 3 K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\SUMMER BREEZE ESTATE\1 - LAND DEVELOPMENT\2-PH II, BLK 1, LOTS 1- 10 -FINAL PLAT\8-WASTEWATER FEE EXEMPTION\CITY COUNCIL SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Ronald Voss, Vojo Ventures, 6838 Greenwood Dr., Corpus Christi, Texas 78415 and, Lago 3C. LLC, 6838 Greenwood Dr., Corpus Christi, Texas 78415 hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for The Coves at Lago Vista Unit 3C, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; The Coves at Lago Vista Unit 3C Page 1 INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE COVES AT LAGO VISTA UNIT 3C INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. EXECUTED original, this DEVELOPER/OWNERS: Yes Ronald A Voss Owner, Member - Vojo Ventures, LLC President - Lago 3C. LLC STATE OF TEXAS COUNTY OF NUECES day of N , 2019. 74; Michael Johnson Member — Vojo Ven This instrument was acknowledged before me on this ,k , day of , 2019, by p11,vGG A- \i, t -m JENNIFER MARIE POWELL V Notary ID # 124930584 My Commission Expires May 18, 2020 The Coves at Lago Vista Unit 3C Page 2 tary P , State of Texas CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta Nina Nixon Mendez, FAICP City Secretary Development Services Director THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Nina Nixon Mendez, FAICP, Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2019. Notary Public, State of Texas APPROVED as to form: By: Buck Brice Assistant City Attorney For City Attorney The Coves at Lago Vista Unit 3C Page 3 ed the aquatic life use for the Oso Creek, but it is recognized as an environment tceptionar and "oyster waters" and categorized the receiving water as "contact re h Zone 4205, and ore based an the North American Datum of 1983(2011) Epoch • a a m 2 Z r $0 0 « S 1,—,5 2al o J E 5 • v « z i w v $ p 5 t42 S c m O 1 1 i fn a d i a ° c E � a i o8 11 m I c o a o ° Eg o 2 1 2 a S r 4 a fi B 8 m JIH! I es i€ og . �� 8 2 ` E gY � m g m v -fl q T ,y aJ T3 q€ 8 22Q li 01 1 p! : m .fib i o o '^ v m i3 m b - a G S m o , ; 5 i5 6; o 538 « gCym m « d m pE L yy _U V M U°_ O ( °a El 0 QF+ • 1 S 3.+°• p aV 1 1 i F a v P h k; c° 5. 5 1 ,a V 8 ° 1 m v m o.na mq 2 •o 2 05 2 €L �a 2 2`o a 4 e0 r . . O N N ao 2 .9 2 i.t r~.J 8 2 5 S 8 8 O Si ,;f7wz o « am. 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PURPOSE: Exempt the owner/developer of Ybarra Terrance Lot 1 from paying $14,201.84 wastewater acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: Esther Castillo Ybarra, property owner, submitted a request for an exemption from the wastewater acreage fees in accordance with UDC Section 8.5.2.G.1. The potential wastewater acreage fee is $14,201.84, based on the rate of $1,571 per acre. The subject property consists of 9.04 acres. Ybarra Terrance Lot 1 is a final plat of 9.04 acres, consisting of one (1) lot, Zoned Farm Rural. The final plat was approved by Planning Commission on May 15, 2019. The subject property is located North of Weber Road and East of Oso Creek. On May 15, 2019, the Planning Commission granted a waiver to the requirement to connect to sanitary sewer, finding that the subdivision was not reasonably accessible to a public wastewater 1 facility of sufficient capacity as determined by adopted City wastewater standards and wastewater master plan. The subject property will provide on-site sewage facilities in conformance with the regulatory agency (City -County Health Department). Per Section UDC 8.5.2.G.1, areas exempt from the payment of lot or acreage fee shall be determined by the City Council to not likely be served by City Wastewater services within the next 15 years. Staff does not anticipate availability of service to this property within the 15 -year term. ALTERNATIVE: Require the owner to pay the applicable wastewater acreage fee in the amount of $14,201.84 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Trust fund contributions and exemptions will continue to be evaluated in the future. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: This item was coordinated with the Utilities Department. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑X Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Funding Detail: Fund: Org an ization/Activity: Mission Element: Project # (CIP Only): Account: 2 RECOMMENDATION: On April 3, 2019, the Planning Commission recommended that City Council approve the exemption of the wastewater acreage fee subject to a Sanitary Sewer Connection Agreement. The agreement will require connecting to public wastewater, and payment of the pro -rata fee, wastewater lot or acreage fee in effect if public wastewater becomes available within 15 years of the plat being filed for record. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation 3 Page 1 of 3 Ordinance Exempting Ybarra Terrace Lot 1 located North of Weber Road and East of Oso Creek, from the payment of the wastewater lot/acreage fees under section 8.5.2.G.1 of the Unified Development Code; and declaring an emergency for a one -reading action. WHEREAS, Ybarra Terrace Lot 2 located North of Weber Road and East of Oso Creek is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of Ybarra Terrace, Lot 1, Esther Castillo Ybarra the Planning Commission has recommended City Council approving the applicant request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the Wastewater Lot or Acreage Fee in the accordance with Section 8.5.2.G of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 3 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. SECTION 3. Upon the written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this 25th day of June, 2019. PASSED AND APPROVED, this the day of , 2019. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe McComb Mayor K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\SUMMER BREEZE ESTATE\1 - LAND DEVELOPMENT\2-PH II, BLK 1, LOTS 1- 10 -FINAL PLAT\8-WASTEWATER FEE EXEMPTION\CITY COUNCIL The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith Page 3 of 3 K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\SUMMER BREEZE ESTATE\1 - LAND DEVELOPMENT\2-PH II, BLK 1, LOTS 1- 10 -FINAL PLAT\8-WASTEWATER FEE EXEMPTION\CITY COUNCIL SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Esther Castillo Ybarra, Owner, 5873 Hall Avenue, Corpus Christi, Texas, 78408, hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Ybarra Terrace Lot 1, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF YBARRA TERRACE LOT 1 INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. EXECUTED original, this day of J , 2019. DEVELOPER/OWNERS: c 5'-14L dtz,Lc:iee Esther Castillo Ybarra Owner STATE OF TEXAS COUNTY OF NUECES 3 rJ This instrument was acknowledged before me on this , day of ,.)e—A , 2019, by 0.in ( rte. ieitr ULTRA V PENA NOTARY PUBLIC State of Texas Kit' Comm. Exp. 12-02-2019 \k ,7 Notary -ID' blic, State of Texas CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta Nina Nixon Mendez, FAICP City Secretary Development Services Director THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Nina Nixon Mendez, FAICP, Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2019. Notary Public, State of Texas APPROVED as to form: By: Buck Brice Assistant City Attorney For City Attorney Exhibit 1 PLOTDATE: 04-12-19 10:46 AM DRAWING T N ? gcl mm �= mm �� mm t gnm rc Op , ZDm C..- CO Oma gOtgU-I m pA z Om pmio. C'm Zf/1 ORa2 Dm ori mcm'1 movziv= mm Z uc�io mm tmi ci-imm� ip rm AO �C��pt7Op mm �mPD� Am Zi � �i�D N• m; 0 D fA = o i �� { m �mm m 1-Z "ci p�r�v vinm d=o15ommZ A0NmOT mmo.� gr.lig p Z vw O N (T(� tom D r11 D mD aONm v m g p vOmy o no A op ; m m m Zri*1=mm � N 0 n NO: 18044 OD 0 rn; D v O zl L 101 '30VB831 VB8V8A L 30 L 133HS 4 zo c0 0z� z n D O ! Z D 2� C= O oZm ZC7 lm 1Im Z� Z �N C;O r±'.Hc! cn � m ,11_5 Aaz z0�cn Np Zpm v m m a m i2o q c) m8viDm OF 0 cn0 o im C)',1—'8,T,8 _ � z � 1 4m 0000�=� �� im ESZ O T' > r 0= o 0 z m 8 m rn � Nc (80 O 17;3! 0g ��o�mz D Pzi O Z O- Z Z 4 Z o m D O O D I o ...1 P1 X1 0 D X o m m o A Z D 0 Z m O _ �n m D m v { o m m 0 0. O D 4m 0 0" mcn D 833NI0N3 HI1V3H oIlBfld PLOTSCALE: 01 C D 0' 1:1 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Wawa XREF: BASE, CONTOURS EDITED 2 o c D o " m 1 VN2iVBA 011IJSV0 83H1S3 Wastewater Acreage Fee Exemption Ybarra Terrace Lot 1 City Council Presentation June 25, 2019 Vicinity Map i N Aerial of Master Plan -Required Wastewater Construction Cabaniss Field NOLF Nearest manhole Ybarra Terrace Lot 1 rox. 3 800 Ft. Weber RD Planning Commission Recommendation Approval of Wastewater Acreage Fees Exemption, subject to Sanitary Sewer Agreement Plat: Ybarra Terrace Lot 1 � YEAR RATERRACE LOT 1 LE E C LOCATION MAP cwm oF .,Ed. THE TFE Or 29 9 A STATE Cr TO. ..4n a .., .r uc ESTER .I9TUL rLNHE IEx6 49901,lE n MS THE _O9••• OF 20 •9 sT1E cE .L.S TIE ,.I i>� 4 A w. scorn w.E u, we am,.o sncc. w ,ne.n.. NOTES v m wr .. ... ... .. r. ESvdxHEET o4oE nTr. •._n._- F �nEn..-TP •nc.xw.r. •ue Pm - scum: 44414 Rau LF,e- EIE w.rc.-nET9LLT 41EINEMEE E9 PE PE 6 Fl -L , THE HERM ErECEE3 910PERTY WS MFR... THE =rub, IEE 9YFEfrFr rE'+nv. Ew BASS & WELSH ENG NEERNQ manta OFAIrEEHs ma: sLre,Tu44 1.161: PER -1165 CHRIST, cl C099.19 CHRIST,s c�IsiE Tees f .7.17111%9 li¢Es 1 JPIERENTO SETH[ <al TIM THE La Of rn.ml-9iltt� I:I� ways ae.eT'_'�.,jE(E(Er''IffTI sxr :INE cwm Of vLnx5 fi ELLEH IEEESE [EST, TINT E p]EEG:IEY I'. i E1E• 111 OF To A 74111 oETF1 -TE F San's.. µ Or TNe_vr cE L c T EenenE,E xce40.' W L•E �E� WREST 11.0.3 FEE SEAL OF THE awn' POW 91 .11 PE 5410 rar mu Tout LEST .91PD. t N 5 AGENDA MEMORANDUM Action Item for the City Council Meeting June 25, 2019 DATE: June 7, 2019 TO: Peter Zanoni, City Manager FROM: Jermel Stevenson, Director, Parks and Recreation Department JermelS(c�cctexas.com 361-826-3464 Texas General Land Office Beach Cleaning and Maintenance Assistance Program CAPTION: Resolution approving FY 2019-2020 grant application for the Beach Cleaning and Maintenance Assistance Program from the Texas General Land Office for an estimated amount of $60,000 to provide beach cleaning and maintenance on North Padre Island and Mustang Island. 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 FY18, the City received $65,307.29. FY19 funds have yet to be distributed but are estimated to be approximately $60,000.00. 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: 2019-2020 Current Year Future Years TOTALS Line Item Budget $60,000 $60,000 Encumbered / Expended Amount This item BALANCE $60,000 $60,000 Funding Detail: Fund: 1020 Organization/Activity: 12940 Mission Element: 141 Project # (CIP Only): Account: 303510 — General Land Office Beach Cleaning RECOMMENDATION: Staff recommends the City Council approve this resolution. LIST OF SUPPORTING DOCUMENTS: Resolution GLO FY20 Application for the Beach Cleaning and Maintenance Resolution approving FY 2019-2020 grant application for the Beach Cleaning and Maintenance Assistance Program from the Texas General Land Office for an estimated amount of $60,000 to provide beach cleaning and maintenance on North Padre Island and Mustang Island. 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 Manager or designee 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 2019-2020 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program for an estimated amount of $60,000. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. 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R m , p,,,a`n uo r - k y p -�{ y k- Q pm 0 Wo 4 ��rrII in # m # I�+r�1 b � D -i m m i- m T 6 4 ZI O 23 O 0 0 r r .73 C71 W W 01 0004 '1111. t131V3k1`J my &MAD E9 {p .68 'a. 0 T P p p #Ir M p c +s 4. 8 3 gas m 0 0 : 7 8i 000£ —1IVAtikfV3 m � r r*1••411 0 4 v m iZpIrIF:fl_I*(fP i1 m r TEXAS GENERAL LAND OFFICE GEORGE P. BUSH, COMMISSIONER May 30, 2019 Dear Ladies and Gentlemen: Via Electronic Mail Enclosed is the Application for the Beach Maintenance Reimbursement Program (BMR) for Fiscal Year 2020. The Application Checklist instruction sheet details what is needed and explains how to submit the required attachments with the application for state assistance, The beach maintenance you provide must be consistent with your community's Beach Access and Dune Protection Plan that has been certified by the GLO. BMR Program rules specify the Texas Department of Transportation area rates be used as the agency's source for determining reasonable equipment rates, Your equipment rates should be a reflection et your incurred costs. and you should be prepared to provide justif cation for the GLO to approve your equipment rates. Additionally, if your community collects a Beach User Fee, your participation in the BMR Program is contingent upon adherence to the rules of the Beach User Fee program. If this applies, please remember to include with your application a written statement acknowledging adherence to the regulations governing fees collected from beach users as found in 31 TAC § 15.8. Please submit your application packet no later than June 30, 2019 by mail or email to begin the review process. Send applications to gloria,m l nztrdOglo_tex l5,gov and brnr buq glo.texas.2 v. The mailing address is Texas General Land Office. Coastal Resources, Attrr Gloria Maynard, P.O. Box 12873. Austin, TX 78711-2873. Please contact mu by email at natalic knell!+glo_texas.gov or by phone at (512) 463-0413 if you have any questions. Sincerely, otettlmi Nat le Bell, lv1 a n ae r Beach Access & Dune Protection Program BMR and BUF Programs i'exas General Land Office 1700 North Con rens Avenue, Austin_ Texas 78701-1495 P_Q, Box 12E73, Austin, texas 78711-2873 512-463-5001 vvw.glo.tcxas,gov Application for the Beach Cleaning and Maintenance Assistance Program Fiscal Year 2020 {September 1, 2019 - August 31, 2M2R Texas General Land Office George P. Bush, Commissioner P.O. Box 12873 Austin, Texas 78711-2873 www-gIo.state,bLus 1-800-99843LO City or County making application {applicant): City of Corpus Christi Name and mailing address of administrative body responsible for beach cleaning: City of Corpus Christi Parks and Recreation Departrnent P.O. Box 9277 Corpus Christi, TX 78469 Name, title, email address, and phone of official with day-to-day responsibility for project: Charles (Darren) Gurley Superintendent P.C. Box 9277 Corpus Christi, TX 78469 CherlesGu a uctexas, corn 361-826-1934 Name, title, mailing and email address, and phone of official authorized to receive state reimbursement; Jsrrnel Stevenson Director Parks and Recreation Departr ons P.O. Box 9277 Corpus Christi, TX 78469 JermeiScctexas, corn 381-626-30.42 The applicant understands and agrees that the requirements set forth in Section 61,059 of the Texas Natural Resources Code must be met, and the applicant expressly pledges and represents that it has niet 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, (03A §61.069 (1)) 2. The applicant shall provide for receipt of all project funds by its treasurer or like official who small 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 §61.469 (3)} 4. The applicant provides free entrance to all public beaches within its jurisdiction. (OBA §61.059 (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)} Page 1 of 2 Application for the Beach Cleaning and Maintenance Assistance Program Total linear feet of beach to be cleaned Estimate of Expenses 34,200 1.- Equipment rental, litter and debris removal 2- Labor, €itter and debris removal 3. Signs, litter -related 4. Supervision, litter and debris removal S. 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. 9each patrol expenses 11. Administration TOTAL $ 373,510.90 341,047, 95 3,950.00 89,222,64 13, 00{3.00 64, 200, 00 14,000.00 356, 625.85 40,000.00 319.483.04 38,553.92 $ 1.650.594 30 Amount of state assistance requested for current state fiscal year (rnay not exceed two-thirds of amount shown in line above as Provided by Section 61.076 of the Texas Natural Resources Code): $ 1 1100,451.22 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. 5upporting documents. (The application15 incomplete carless the following documents are included.) Blank the applicabie box as the corresponding document is included with the application. E current resolution authorizing application for funds and vesting an official with full authority to ad for purposes of the program. E. A Texas Oepartmrrr t of Transportation county mac 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, Q A certified copy of documentation estabfishing a beach park hoard or like body. 0. A current written statement attesting that the maintenance to be rov€ded is consistent with thea liryant's community adopted plan for Reach Access and Dune protection. • A current written statement acknowledging that Com lance with the regulations for collection and exaendlture �# beach user feel contained in Section 15-8 of the state's beach access and dune protection regulations, is a requl rement of th a program. Q A current written statement that the applicant will suan ad uate number of -bage and litter reeeacfes for that area of the beach which the applicant cleans and maintains in this program. Receptacles for recycdebles are suggested, but not required - s. A current fist, adopted by the governing body, of the equipment rates to he ch a - d per hour or per day which also indicates whether with or without operator and which indudes portable toilets if provided, A cu rrent beach-e€eam-r❑posal describing the cleaning and maintenance operations at the beach, City of Corpus Christi Applicant acting by and through Pelee Zarlori, Ci Men&ger Official hereunto duly authorized, Submits this application and certifies its contents are true and correct, an¢ agrees to the above terms and conditions. by Peier Zanorii City Manager flame Title Page 2 of 2 Signature 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 a! • roved. The Original Application, The 2 -page application containing the vested official's signature must be submitted. Note: u The application must include an original signature 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 afthe program. n n An Estimate of Expenditures. Provide the total amount of projected expenditures in the spaces above "Total". this amount is the sum of the expenditures above it (i.e. equipment. labor, supervision, administration, etc.). Provide the amount of state assistance being requested on the line following the "Total" projected expenditures line. This amount may not exceed 213ra! of the "Tota]" projected expenditures. A Current Equipment Rate Sheet. List a!I equipment items used; equipment not listed on the contract rate sheet will not be approved For reimbursement. Therefore if tour 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. Du not include rental equipment on the equipment rare sheet. The agency has the discretion to request documentation far how each equipment reimbursement rate was calculated in order to ensure the raw does not exceed expenditures. Be prepared to provide justification for the agency to approve "IlinhilaintriniPmeril must be adequately described before the agency will approve the item's rate as reasonable. Anadequate description should provide the equipment's make and model, horsepower, wheel type (crawler or tires). capacity (bucket size), and attachments (rakeltiller). Note: ]Equipment rates must he 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-S of the Texas Administrative Codes, Accompany the statement with a declaration of compliance to Beach User Fee Reporting requirements. Note; The garbage Titter statement, beach dune rule statement, and beach user fees statement may all be included on the same document. A Count Ma , A map that plainly marLsfhighJights the beaches to be maintained and has the linear footage written on the map. ForTxDOT maps, see Jrztp:/wwu•,txdot,guv!iravel:'coutiiw grid search.htm . Google Earth maps may be used if preferred, see .• w-th-gco le,coml. 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 site map is required- A site map should detail the location of shower areas, resrrootns, parking areas. potable water. and any other facilities provided. A Bench Cleanin Proposal (BCP). A summary of the maintenance activities being performed by the community. Detail the amount of staffing, crash 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 OLA to ascertain what maintenance is being performed. Most 13CP'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. Mist ineous. 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-sapply 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 cif the program- (31 TAC §25.3) Instructions for Texas Department of Transportation County Maps and Beach Park Site Maps The agency requests that Texas Department of Transportation (TxDOT) County Maps, Google Earth. or Google 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, A. For each TxDOT County map (fulk-scale view and inset maps) or Google Earth lrnage, do the following: �. Mark the eligible beach areas to be cleaned. 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: 1,500 linear feet P t AAA n 587 ill 27.8170§a• 1.. .a...062g57 TOTAL 3,000 linear feet 1 -5 oo linear feet `c oa r.i. xiw+ # ' r c v < Tec hmrn.91is ' .RC -0 41g1'alGlotw 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 gaps and beach park site maps with the Application for State Assistance in Cleaning and Maintaining Pub]ic Beaches. Texas Department of Transportation County Maps can be accessed at htt :l!www,dot.state,tx.usrtravelicount + rid search.htm. Contact Gloria Maynard at glaria-maynard u;g[o-texas.gov or by phone at (512) 305-9598 if you have questions. Updated 6111/5 21,435 linear feet Laguna Madre Gulf of Mexico 10,718 linear feel TDesignated Beach Area Fees, Maintenance Limits and Markers Site Map - Beach Park Windward Parking Lot and Public Restrooms r 7,414 4 Windward Parking Lot - Public Aestrovm5 t and Showers at each Mile Marker 216 Payroll Burden Rata Methodology Total &*milts Total Belfit FY44,05 Base Salary Cast Direct Cost Faction' FY04-O Admit! Musts Wo pypiao Total It of FTE's — Employee Bereflls 18,639,407 18,306.560 104,145,422 .Jos,* 3135 Liability 9enelil 3,506.1 20 3.4455,494 108,630,440 „Fat 3192 WorkerG Comp 1itene111s 2,725.695 2,674,969 Relirement Bens% (14,03%) 14,611,743 14,611.743 Prdaral tax (7-65%) 7.967,201 7,967.201 Direr Rat* 47.450.075 47,006.948 104,146.422 45.13% Total FYO4-05 Indirect Cosi Factors Exp` Adjusted FY04 05 �x Adrairislration HUrnaro Resaurces Risk Menagamant Admin Municipal lnI imallop Sys Mainlenanr.a Santos ' Does not Include ■ 1,311.875 927,1726 4rB % 1,850.265 750,147 11,231.274 10,426,445 10.01% 16.060,029 6,831,539 6 29,513.369 - 18. 47,2 6 104,146,422 ="3.1074= # elire man' CornbinadDiraet:iln-iraetRate Group Health Maint Stan4ce5 IrlClca MIS AJIocation Salt Ins Alia Mslat services- Caplial Purchases Malnl Services -Cast or Goods Sold 2J171211Et68,34AMH;4Bklp-DIRISh1AREQi OI}5-2C106)Mexhsro43wdenRataTempled* 68.33% 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, TO ESTABLISH THE MARINA ADVISORY COMMITTEE AND THE WATERSHORE AND BEACH ADVISORY COMMITTEE IN PLACE OF THE WATER/SHORE ADVISORY COMMITTEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE crry COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 2, Administration , Article IV, Miscellaneous Boards, Commissions and Committees, Division 4 Wator/Shore Advisory Committee is revised to read as follows: I Y NISEE* S 2-87. Graded; be ip; terrns4iting 9 There is --hereby cr ted -the «,amore adv+sa 1 f � - . , p . n r+te-t.he city a s+l-faf 'w; a119s-a-n-d-The-r-eafter- +I - ese 6 are appaintdd. Tha ent rnembei s-ot the. rriarina•board •sk aR rel--ef the committee a ►t +sh-eth l nine -{9} rube irIa he rd i 4shed on Gard mf-ine 1. shall bast, i,e, • e€ k4re ie a1iet—Rp v d -f r, in ---t e + ��� � �{ 4 ire (54 f T# ,�,, ,moo few--e-e a -year 027408 Crglcd on 9f5/2C001 5:12:44 I'M H_1LEG-0IRl,is-V41Fdinancc 2C474Wakershore and !leach 170'_07 rpr c.I 1-,D7,EC-C 2 -t r.�m-s- ;ail --#e two (2) yea-Ff-aean eil-for thrm: Th rprson of the wotor/e€ ere advi oFy-e reareatien-acivizecy-seirmit ' i6a vet e 81. larfaties of proeedure, officeFs- Feered-ufe--AW-#he firet-meating,Iter �ereai<ipr#-of#��i-Re,e, a majo it &-et the-++ 1I-e&ect-a "'T'-:��6tiaithe firer, tarn Titi.-.re..ft. r-. `c'omr'mitlee n —anci-viGe-{} irp Hall be-eleasol.a' majority c icit e -ere -Fpr tno to ,ecve--e r terns--expifing- h April 30- a4 -c e ien-shal-1-1,e- a r -year 3tmooing a#t a #o- II--expi Seer, -2-82. Dt.itier Tim rogaFding deve!Gpm ise Ffrenr-t'i ter area, nicid � T , ,nclodir ie-4&14ewi {.)-- csist t ?€3 city C0 -in e44-ElevemeHt and of -Gf-said-a-Fea&. Ofuted on 9}SR0117 5.12 OD PM F{ \LEG D[R Lisgerdiruntr20071Nalcrshure and Duch 000507 ror9-J i-07 DOC .3 - - - afager thfaeml—and capitol ;9464:14e-PWC 'c6-regafding-tbe imp-FevII en1 on.� I" pnenc.e-i --hire fociies-span said areas. v 33- evievi caf -P8EGRIFPend-te tham he — try'-.GoRGli-t-easibIl-Ity-cif-GlevR 4pf-ev9f Ra#Rtenaffi•se-or+ propos$ g their araeosiatef -w&tens. S 2_iYV4fec; ata## ., ....s .++ TTh7IlIini The city r ar}a .F lI appoint ., sta a berate-fieep-m-i-R4tee of tho-e.ommittee and prepare -s s-s-iata-rkse-a -se mitteci may-reiwest Sec, za84--- Cemrr=itteela __seerd+€ ptianwi.td park aed--3iea--r eenwpitteeT The_L`-C3 miffs,- fle-p of advi `�ypi f.omTYm ccr hall y��.F �4 G •� Q j �61'Id'ft-G#.�4�'i'1"fFi Feeemmerif tf9Re to the city f 'ianageL-.1r d (he cit sou ii--framI o eneec fe t ities-relatinigi f man arrina; kla-cormjttee I] F-,Qyc ad..:,.eit itifi i is th-e T ti. ads -of L he �w-a-ny e wits et# lh u ed et dvi o .•c£rnF} ittee shell-Neve-jeifit-ju-Fisigetten-ever-ali-watere-eclja.Gent-49-eity-perks-1.G-Gated a se-Crete-#ire•N es -R F- Crdated cm 41*$l20G13 12;OD PM 1114.-EG-DER1iiselOrdinmc= ZOO71Wairrshore and Beech 090507 roe 4 -it -07 rxic (Ord. Ne. 20203,§6,-5 3-1888; Ord, -Noy 21 {43, § 2, 7 28 1992} Seen- V Dcrini4inn., 4n iiiis-d Msianlr4ina4eDfl beYow mean 3i" frtl eyiE n�rrca--evi�riv-ov�rrr-� Marina: kllsf v eflc and e,ry Farry. thin the area en+l fregting E e e* -at -the -foot a Water area. The waterfront a -.alI v;ga I ud nn roar staieturff thprnirr R 4 --at -ere+ lh a# ent: Taal -a as where n3viag3ble wia re--,ate#-lacKl moat ince ding but • (Ord. No.- 1 3, di d -along Oso Creek and r !VISION 4. WATERSHQRE AND BEACH ADVISORY COMMITTEE "Sec. 2.84, Created: memberstri i terms` Mini vacancies. jai There is herebLoreated the I atershore and Eieach Advisory CornmLttee. The committee shat[ be oornposed of nine (9) rrlembers a coirYted b +the City Council_ Craned or 41if:007 5 12 OJ PMH 11-kG IR31.isii i ce 2C471Waiershare Heid Bath (Show for 9-Y Y-7.6]OC 5 b 1Voi lthstandrng subsection (). the current members of the Waterl more Advisory Comrnittee.shall be appointed to.the_initial two-year term of the Marina Advisoryommlttee or appointed toi inGtiai two- ear term of the Watershore arld Beach revisory ornmittee._ as_reguested bre the member by written notification to Secretary,, ?je C ty ulr ` aeon €th such other persons ainted fit auncil as necessa, t total nine me Kers far each committee, Of the nine {9} members, one 1 shall be a screritist marine biologist; one (1) shall be an erg ineer; one (1) wall be an envitonmentarist one 1) shall be an owner of a hotel or condominium located on North Padre Island or Mustan Island. and one ['l) shell be a mems er of the Corpus Christi Convention and Visitors Bure Lc) In thesucceediny term, five mernbers shall serve a two-year term and four (4) rrmernbers a one- oar term as determined by drawfn _Thereafter a l terms shall be two (2jyear Whenever a vacant occurs dufin a term a ointments to fill a vacancy scall be to Tilt.#hnexnired term Le The hai arson of the Watershore and Beach Advisor mmittee shall act as an advisor to the barks end Recreation Advisoryn1Rllttee and vice versa. r' ec. 2-81. Rules O rocedureofficers. Crtcccd on Deia067 5 12 00 PIA 11 SLED-DERiLi5n1Didinance 2067LWalasTiorc n1kx Betjh 090507 fgr SI -11.07 iroc 6 "The Watershore and Beach Advisory Committee shall adopt its own rules of procedure. At the first meeting after oreCon_slthe committee a ma"ori of the whole committee shall lect a Chair arson and a -Chair erson to serve durin the initial two-year term. Thereafter) a Cornmiftee Chairperson and Vice- Phairpersnshall be elected by majority of the whore comrnrttee to serve one- 4tear terms expiring eachSeptember 1, Said election shall be held ch a ear .t thefi t regular me�#ir after_.a ointments o fill expiring_ea§ "Sec. 2-82. Duties. a T#he Committee shall advise and make recommendations rectar.ckv use or preservation of the following areas within the city Ijrni#s: the waterfront the imiches. and the natural bodies of water includinbut notnot limited to Gulf of hexico, OM, rivers, and creeks, excluds'nq_the Marina area as defined.. by Sectian �24. "th) The ornmitteets duties in lucid the follow'flsr: 11 } Assist theity auncii in_ providin for the orderfy, .masterplanninq of the areas described in subsection ( 1 2 Reviewthe annual ca ital im rovement b ets regarding the improvement and mainterianoe of the facilities upon sald areas. 3 Review arrd make recommendatxvn regar Ping ecial even# re oasts uon said areas_ CntAteJJ omei' ,O7 5;I ni0'1 H.21LEC-DIrtliskirardiouce 2D' jyVfab rihore and Bea<h SO507 for 9 : 1-07 1.7(] 7 Sec. 2-6 .Min +motes" 5#aff support 7 -Me Cl Nana er shall appoint a staff member to keep minutes of the committee and prepare such assistance as the committee may request. "Sec. 2-04. Watershore and Beach Advisory Committee's coordination with Park and Recreation Advisory omrnittee. r'The + atershore and Beach Advisory Committee and Parks and Recreation Advisory committee shall submit recommendation to the i Manager and the City CQuncii from time concerning any concurrent responsibilities relating t the waters waterfront and beaches in the City limits. SECTION 2. That the City Code of Ordinances, Chapter 2, Administration , Article IV, Miscellaneous Boards, Commissions and Committees, is amended to establish a new Division 26 to establish the Marina Advisory Committee. "Division 25. Marina AdvisoryCommittee. "Sec. -260. Created -membership; terms; I�liin vacancies. ia) There is hereb create! the Marina Advise Committ e. The committee shelf b corn osed of nine 9 members appointed bvjheitpuncil- )- r otwithstandinq ubsec fon a), the current mernbers of the Water/Shore Advise Cornrnitte shall be a ointed to he initial two- ser terra of the Marina {:reeled a i W5a447 5 1Z 00 PM 1-1:11.E0-DIR isivnrdinencr ao7T',v eiershorc and Beach 094507 r r9-11-47.DOC 5 AdviseCommittee or _appointed to_the initial two ►ear term of the Watershore and Beach Advisory Committee, as requested by the member by notification to City ecretar,_,sulti oun ii v l al n wi h s h er mons Egpointed by + Council as necessary to total nine 9mernbers for each committee, Upon skid appoinItments the Water/ hore Advisory Committee is hereby abolished. 01 the nine ( mernbers, one (11 shall be a ascientist,_Le_, marine biolo ist; ori shaft be an engina.er; adr�o'r�e (1) shall be an environmentalist and ane 1 ..Shall be a representative of a restaurant located within the boundaries of the marirn c In the succee lin term five 5 rnerrlf ers shall serve a hyo year term and four .rnembers a one- ear term as de mined b rewire , Thereafter ail terrrts shall be two f) years, d Whenever a +r enc occure durirl a t rrn a n rrten a to fill a vacant h6.11 ire to irlt the une Ired term. Le) The chairperson of the Marina Advisory Committee shall act as an advisor to re Peace and Recreati Ayisary omr thee and vice versa, "Sec. 2-261. Rules of procedure' officers. "The committees hall ado t its own rut of rucedure. At the first meetinc after creation of the committee a majprity of the whole committee shall elect a chairperson arid vice -chairperson to serve during the first term, Thereafter a Created in 911/200.7 5 12-00 PM 11 511.1= .D1Ritam1Ond1 am 20071WeFershwe ani acach 080301 ter 9-1141 DOC 3 committee chaiir erson.and vice -chairperson shall be erected by a.maLority of the whole committee to serve one ear term a irin each September 1- Said election shall be herd each year at the first regular meeting afterppointments to fill expiri nit terms. "Sec. 2-262. Duties, °The Marina Advisory Committee shall advise and make recorrtrnendations re ardinq ieveloRment, use, or preservation of the marina, including_ the foliowinq_ Assist the Cit ounoil inrovidir, far the orderly Alanned development and use of the marina, (2) Review the annual and capital imt rovement budgets regardinv the improvement and maintenance of the facilities u ori the marina. gliRv_iiew artd reccmmnd tothe ttv Council the feasibility of devetvgment. improvements, maintenance or proposed uses for the rnarfna "Sec. 2-263. Min utas: start ort. "The Ci +tan.Iger shall appoint a staff member to kee minutes of the comm ttee ar+.d prepare such -s istar ce as the committee may regJest- "Sec. 2-264. befrfiticns. Crescdam WWO67 5 1245 rM FfiLEG-DrE[k,i5e0dinenta20471Woiershe;e end Beach V90557 for 9.! 1.07,DOC 10 "In this division the terms below mean as follows, 'Marina: Ali structures arkEl waters _and Ian0 wi irr the area enciased v the breakwater frontin horeline BJvd. from the breakwater_terminus at nor, p oath McGee B ach to its unctio t. the foot of Breakwater Avenue," SECTION 3. That the City Code of Ordinances, Chapter 2, Adminisfrafion r Article IV, Miscellaneous Boards, Commissions and Committees, Division 2 Park and Recreation Advisory Committee is revised to read as follows: "2-72. Duties. The Parks and Recreation Advisory Committee shall advise the City Council as to all public parks and the buildings therein, public outdoor recreation areas and centers, and any other grounds placed under its purview by the City Manager_ Further, the Parks and Recreation Advisory Committee and the here VVat ershore and Beath Advisory Committee shall have joint jurisdiction over all waters adjacent to city parks located along Oso Creek and the Nueces River. However_ the Parks and Recreation Advisory Committee will continue to have sole jurisdiction on the parkland adjoining the waterways," SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shad not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose SECTION 6. Publication shad be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Creitcd col 91312007 3.12J:10 PM Ii kLEG.DIR1l.L#a30rd,wnc 104:17VIVatcabore and acid' 094547 far 9-1 L -i 7,COC August 27 2007 NOTieJaQF PUBLIC NEARING r0 CON9ir3EACNING ApALfGAT}0�{8 oi= THEC1lyO ORPti$CHIRrsri Naliee Iq trarebp opJYQn Jn dccflrdance wI h ails raw Churl .14 Ci COur.- eI of B1a Gki of Cues chrl9tl wilt canducl A pubic hawing On Auma- diyy 5epplernbcr 11, 20D7thrfn;, a rg urar CauACII midng W th comRlsMCes ll# 10;00 a.m. En the CIIy Cownc1l Ct�amb r$, Cityy i#a]r, 1201 Lmaparo, to Cun- idar the idra�w Oa. lir appt,catIoa) Of which acrd BAPIlce tlan{8/ arm on i1F6 In the O11170 a! lira CJt en. r eft DfPFQn f g.°'ai SAM LIMA umtl place or and rleariparTr4imaall Enlepermrsonaete0 may kopaar hulas the cIy coirdi tato ior, irt0 IPpIk art ] Ia be conaldared 7I IS.e hear fig are ae ro,Tvks, t. GU07.D1, A.O- Glf• �10re" FrDm a -B•1• Neighbarhaud Buff• news []liirfcl to a Gummi 6ueine}s OtO- !tkI - LontiC appraai- ,r3lely 200 rest mouth or Ohm Interaeetbn tar S. steps i sweat and cur• lark 11.1VD, Irlrormau - may Ga Db_ WTI trf Da Ring ar vLi. d4Mmr0pPrl�g�'PafLrPaol rvices Pi r n ri Soctl4it B# (341) 826. 560, 240$ LeapartI SITrei, I I Armando amp' Oily city ai Gorpua tMf AGENDA MEMORANDUM Action Item for the City Council Meeting of June 25, 2019 DATE: June 25, 2019 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities Kevinn@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Heavy Trucks for Utilities CAPTION: Motion authorizing the purchase of four heavy replacement trucks, which include one Roll -off truck and three Dump trucks to be utilized by Utilities Department, from Grande Truck Center of San Antonio, Texas, via BuyBoard Cooperative for a total amount not to exceed $708,975.00 funded through the Wastewater Fund. PURPOSE: This item is to approve the purchase of four heavy trucks for the Utilities Department. BACKGROUND AND FINDINGS: The Utilities Department currently has a requirement to replace four trucks. The trucks consist of one 4700 Roll -off truck and three 4700 Western Star Dump trucks to be utilized by Water, Storm Water and Wastewater Divisions of the Utilities Department. These units are replacement units. Contracts awarded through the Buy Board Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: N/A OTHER CONSIDERATIONS: The dump trucks being replaced are 12, 13, and 14 years old, each exceeding their service life of 7 years. The Roll -off truck being replaced is 11 years old, exceeding its service life of 8 years. 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: Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $2,368,014.46 $0.00 $2,368,014.46 Encumbered / Expended Amount $1,247,398.68 $0.00 $1,247,398.68 This item $708,975.00 $0.00 $708,975.00 BALANCE $411,640.78 $0.00 $411,640.78 Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 4200 Wastewater 33110 Oso WW Plant/33150 Whitecap WW Plant 064 Treat wastewater N/A 550020 Vehicles and Machinery 4200 Wastewater 33400 Wastewater Collection System 042 Wastewater Collection System N/A 550020 Vehicles and Machinery RECOMMENDATION: Staff recommends approval of the action as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Contracts and Procurement Buyer: Cynthia Perez Price Sheet Heavy Trucks for Utilities BuyBoard Contract # 521-16 TOTAL $708,975.00 Grande Truck Center San Antonio, TX ITEM DESCRIPTION QUANTITY EXTENDED TOTAL 1 4700 W/S Roll Off Truck 1 each 199,523.00 2 Western Star Dump Trucks 3 each $509,452.00 TOTAL $708,975.00 AGENDA MEMORANDUM Action Item for the City Council Meeting of June 25, 2019 DATE: June 25, 2019 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 InfoCare Software Renewal for Utilities CAPTION: Resolution authorizing a four-year service agreement renewal for InfoCare software with Innovyze Inc. of Houston, Texas, which is used to optimize the water distribution and wastewater collection systems through computerized modeling, for a total amount not to exceed $73,636.21, with first-year funding through the Water Fund. PURPOSE: This item is to approve a four-year service agreement renewal for InfoCare Software. BACKGROUND AND FINDINGS: InfoCare software provides modeling, design, operation, optimization, and management solutions for both water distribution and wastewater collection systems. The City has a 10 - year history with InfoCare Software, using it to standardize the modeling of our water distribution and wastewater collection systems. The Water Division uses this software for optimization, analysis, and design for rehabilitation and replacement projects for the City's water distribution lines. The Wastewater Division uses this software for its Sanitary Sewer Overflow Reduction Program to identify wastewater collection system deficiencies and to prioritize repair requirements. This is a sole source purchase. Innovyze, Inc. is the sole source manufacturer and distributor of the InfoCare Software. ALTERNATIVES: N/A 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: N/A DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2018-2019 Current Year Future Years TOTALS Budget $38,004.00 $55,636.21 $93,640.21 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $18,000.00 $55,636.21 $73,636.21 BALANCE $20,004.00 $0.00 $20,004.00 Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 4010 Water 30001 Utility Planning Group 041 Distribute Water N/A 520105 Computer Software RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Service Agreement Resolution authorizing a four-year service agreement renewal for InfoCare software with Innovyze Inc. of Houston, Texas, which is used to optimize the water distribution and wastewater collection systems through computerized modeling, for a total amount not to exceed $73,636.21, with first-year funding through the Water Fund. WHEREAS, The InfoCare software provides modeling, design, operation, optimization, and management solutions for both water distribution and wastewater collection systems; WHEREAS, this system is critical in accurately sustaining water distribution and wastewater collection systems for the Utilities Department and the software must be procured for the Utilities Department to continue its use; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there are two statutory exceptions for this procurement in Local Government Code, Section 252.022(a) (2) and (a) (7) (A), as this purchase is necessary to preserve or protect the public health and safety of the municipality's residents and this item is available from only one source because of patents, copyrights, secret processes, or natural monopolies. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a four-year service agreement renewal with Innovyze Inc., of Houston, Texas as a sole source purchase necessary to protect the public health and safety of the City's residents, for a total amount not -to -exceed $73,636.21. Page 1 of 2 The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christ, Texas Joe McComb Mayor day of , 2019. Page 2 of 2 Price Sheet City of Corpus Christi Senior Buyer: Cynthia Perez Contracts and Procurement Department InfoCare Software Renewal Utilities Department Innovyze Inc Houston, Texas Sole Source - 70963 Item Description Unit Qty Unit Price Total Price 1 Floating License Manager Serial #FLM3OR10101-0000670 EA 1 $ - $ 2 InfoMaster Desktop Sewing Floating - InfoCare Renewal Serial #MD4OR10101-F000172 15 -June -2019 to 14 -June -2020 EA 1 $ 4,500.00 $ 4,500.00 3 InfoMaster Desktop Sewer Floating - InfoCare Renewal Serial #MD4OR10101-F000172 15 -June -2020 to 14 -June -2021 EA 1 $ 4,500.00 $ 4,500.00 4 InfoMaster Desktop Sewer Floating - InfoCare Renewal Serial #MD4OR10101-F000172 15 -June -2021 to 14 -June -2022 EA 1 $ 4,635.00 $ 4,635.00 5 InfoMaster Desktop Sewer Floating - InfoCare Renewal Serial #MD4OR10101-F000172 15 -June -2022 to 14 -June -2023 EA 1 $ 4,774.05 $ 4,774.05 6 InfoMaster Desktop Water Floating - InfoCare Renewal Serial #MA4OR10101-F000128 15 -June -2019 to 14 -June -2020 EA 1 $ 4,500.00 $ 4,500.00 7 InfoMaster Desktop Water Floating - InfoCare Renewal Serial #MA4OR10101-F000128 15 -June -2020 to 14 -June -2021 EA 1 $ 4,500.00 $ 4,500.00 8 InfoMaster Desktop Water Floating - InfoCare Renewal Serial #MA4OR10101-F000128 15 -June -2021 to 14 -June -2022 EA 1 $ 4,635.00 $ 4,635.00 9 InfoMaster Desktop Water Floating - InfoCare Renewal Serial #MA4OR10101-F000128 15 -June -2022 to 14 -June -2023 EA 1 $ 4,774.05 $ 4,774.05 10 InfoWater Floating (Unlimited Links) - InfoCare Renewal Serial #IWR7ORUNLO2-F003306 15 -June -2019 to 14 -June -2020 EA 2 $ 2,250.00 $ 4,500.00 Page 1 1 1 InfoWater Floating (Unlimited Links) - InfoCare Renewal Serial #IWR7ORUNLO2-F003306 15 -June -2020 to 14 -June -2021 EA 2 $ 2,250.00 $ 4,500.00 12 InfoWater Floating (Unlimited Links) - InfoCare Renewal Serial #IWR7ORUNLO2-F003306 15 -June -2021 to 14 -June -2022 EA 2 $ 2,317.50 $ 4,635.00 13 InfoWater Floating (Unlimited Links) - InfoCare Renewal Serial #1 WR7ORUNLO2-F003306 15 -June -2022 to 14 -June -2023 EA 2 $ 2,387.03 $ 4,774.06 14 InfoWater UDF Suite Floating (Unlimited Links) - InfoCare Renewal Serial #UIW3OSUNLOI-F000173 15 -June -2019 to 14 -June -2020 EA 1 $ 4,500.00 $ 4,500.00 15 InfoWater UDF Suite Floating (Unlimited Links) _ InfoCare Renewal Serial #UIW3OSUNLO1-F000173 15 -June -2020 to 14 -June -2021 EA 1 $ 4,500.00 $ 4,500.00 16 InfoWater UDF Suite Floating (Unlimited Links) - InfoCare Renewal Serial # UIW3OSUNLO1-F000173 15 -June -2021 to 14 -June -2022 EA 1 $ 4,635.00 $ 4,635.00 17 InfoWater UDF Suite Floating (Unlimited Links) - InfoCare Renewal Serial #UIW3OSUNLOI-F000173 15 -June -2022 to 14 -June -2023 EA 1 $ 4,774.05 $ 4,774.05 Total $ 73,636.21 Page 2 SERVICE AGREEMENT NO. 70963 InfoCare Software Renewal for Utilities THIS InfoCare Software Renewal for Utilities Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Innovyze, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide InfoCare Software Renewal for Utilities in response to Request for Bid/Proposal No. SS -70963 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide InfoCare Software Renewal for Utilities ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 4 years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero year periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $73,636.21, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form May 3, 2019 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email: Joannm©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form May 3, 2019 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products 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. (A) 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. (B) 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form May 3, 2019 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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 001 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Joanna Moreno Title: Contract Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone:(361) 826-1649 Fax: (361) 826-1715 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form May 3, 2019 IF TO CONTRACTOR: Innovyze, Inc. Attn: Christina Merwin Title: Client Service Manager Address: 5535 Memorial Drive #F371, Houston, Texas 77007 Phone: 1-888-554-5022 Fax: N/A 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING 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 comply with any of the terms 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form May 3, 2019 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, 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 if required by said statute. 23. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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] Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form May 3, 2019 CONTR CTOR Signature: Printed Name: p,..„__ -amu k ik2 16 frk coh Title: akt e c -1--e c 1,v K 0 i m ci, OT cs2,,- Date: 5-'7.-c-tc/101 1 CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RIB/RFP No. SS -70963 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form May 3, 2019 Attachment A - Scope of Work 1.1. General Requirements A. The Contractor will provide software support to our Utilities Department. The support provides modeling, design, operation, optimization, and management solutions for both water distribution and wastewater collection systems. B. The Contractor is responsible for telephone assistance support, software will include updates and end user training. C. The Contractor provides support to two Utilities Locations - Wastewater Division located at 2726 Holly Road, Corpus Christi Texas 78415 and Water Division located at 13101 Leopard St., Corpus Christi, Texas, 78410. D. This agreement renewal is for four years effective June 15, 2019 through June 14, 2023. Attachment B- Pricing Schedule Price Sheet - SS -70963 InfoCare Software Renewal ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 1 Floating License Manager Serial #FLM3OR10101-0000670 1 EA 0.00 0.00 2 InfoMaster Desktop Sewing Floating - InfoCare Renewal Serial #MD4OR10101-F000172 15 -June -2019 to 14 -June -2020 1 EA 4,500.00 4,500.00 3 InfoMaster Desktop Sewer Floating - InfoCare Renewal Serial #MD4OR10101-F000172 15 -June -2020 to 14 -June -2021 1 EA 4,500.00 4,500.00 4 InfoMaster Desktop Sewer Floating - InfoCare Renewal Serial #MD4OR10101-F000172 15 -June -2021 to 14 -June -2022 1 EA 4,635.00 4.635.00 5 InfoMaster Desktop Sewer Floating - InfoCare Renewal Serial #MD4OR10101-F000172 15 -June -2022 to 14 -June -2023 1 EA 4,774.05 4,774.05 6 InfoMaster Desktop Water Floating - InfoCare Renewal Serial #MA40R10101-F000128 15 -June -2019 to 14 -June -2020 1 EA 4,500.00 4,500.00 7 InfoMaster Desktop Water Floating - InfoCare Renewal Serial #MA40R10101-F000128 15 -June -2020 to 14 -June -2021 1 EA 4,500.00 4,500.00 8 InfoMaster Desktop Water Floating - InfoCare Renewal Serial #MA40R10101-F000128 15 -June -2021 to 14 -June -2022 1 EA 4,635.00 4,635.00 9 InfoMaster Desktop Water Floating - InfoCare Renewal Serial #MA40R10101-F000128 15 -June -2022 to 14 -June -2023 1 EA 4,774.05 4,774.05 10 InfoWater Floating (Unlimited Links) - InfoCare Renewal Serial #IWR7ORUNLO2-F003306 15 -June -2019 to 14 -June -2020 2 EA 2,250.00 4,500.00 11 InfoWater Floating (Unlimited Links) - InfoCare Renewal Serial #IWR7ORUNLO2-F003306 15 -June -2020 to 14 -June -2021 2 EA 2,250.00 4,500.00 12 InfoWater Floating (Unlimited Links) - InfoCare Renewal Serial #IWR7ORUNLO2-F003306 15 -June -2021 to 14 -June -2022 2 EA 2,317.50 $4,635.00 13 InfoWater Floating (Unlimited Links) - InfoCare Renewal Serial #1WR7ORUNLO2-F003306 15 -June -2022 to 14 -June -2023 2 EA 2,387.03 4,774.06 14 InfoWater UDF Suite Floating (Unlimited Links) - InfoCare Renewal Serial #UIW3OSUNLO1-F000173 15 -June -2019 to 14 -June -2020 1 EA 4,500.00 4,500.00 15 InfoWater UDF Suite Floating (Unlimited Links) _ InfoCare Renewal Serial #UIW3OSUNLO1-F000173 15 -June -2020 to 14 -June -2021 1 EA 4,500.00 4,500.00 16 InfoWater UDF Suite Floating (Unlimited Links) - InfoCare Renewal Serial # UIW3OSUNLO1-F000173 15-June-2021 to 14-June-2022 1 EA 4,635.00 4,635.00 17 InfoWater UDF Suite Floating (Unlimited Links) - InfoCare Renewal Serial #UIW3OSUNLOI-F000173 15-June-2022 to 14-June-2023 1 EA 4,774.05 4,774.05 ■ TOTAL $73,636.21 Attachment C - Insurance Requirements Section 5. Insurance; Bond, is hereby void as no insurance is required for this service agreement. Attachment D - Warranty Requirements There are no product warranty requirements for this service agreement; therefore, Section 8. Warranty, Subsections (A) and (B) are null for this Service Agreement. AGENDA MEMORANDUM Action Item for the City Council Meeting of June 25, 2019 DATE: June 25, 2019 TO: Peter Zanoni, City Manager FROM: Peter Collins, Interim Director of Information Technology PeterC(a�cctexas.com 361-826-3735 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com 361-826-3169 Infor Expense Management CAPTION: Motion authorizing a three-year service agreement with Infor (US) Inc. of Alpharetta, Georgia for Infor Expense Management subscription license and services for a total amount not to exceed $228,846.60, with the first-year funded through Info Tech Fund. PURPOSE: This item is to authorize a three-year service agreement for Infor Expense Management Subscription for expense reports. BACKGROUND AND FINDINGS: The Expense Management Subscription within the City's Enterprise Resource Planning (ERP) system, Infor, needed a refreshed agreement to secure three-year pricing in line with the rest of the application. This application is utilized city-wide by various departments for City staff travel and expenses. The Infor agreement was procured through a competitive Request for Proposal (RFP) process in 2013. ALTERNATIVES: Not applicable 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: Information Technology FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $1,758,706.45 $152,564.40 $1,911,270.85 Encumbered / Expended Amount $1,318,142.88 $0 $1,318,142.88 This item $76,282.20 $152,564.40 $228,846.60 BALANCE $364,281.37 $0 $364,281.37 Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 5210 Info Tech 40470 IT Application Services 242 Support Software applications N/A 530160 Rentals RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement infer MULTI-YEAR RENEWAL FORM (SUBSCRIPTION SERVICES) This Multi -Year Renewal Form (the "Renewal Form") is subject to the terms of the Subscription License and Services Agreement between Infor (US), Inc. ("Infor") and City of Corpus Christi ("Licensee") with an Effective Date of May 15, 2013 (the "Agreement"). Pursuant to this Renewal Form, the parties are modifying and renewing Subscription Services that were ordered pursuant to the Order Forms between the parties dated: June 1, 2016 (the "Order Form(s)"). This Renewal Form shall replace the Order Form(s), and shall define the Subscription Software and Subscription Services, for the Renewal Term set forth below. All terms of the Agreement are incorporated herein by reference. In the event of a conflict, the terms of this Renewal Form control over the terms of the Agreement and any Order Form(s). Capitalized terms not defined in this Renewal Form are defined in the Agreement. In the event the capitalized terms in this Renewal Form differ from the terminology used in the Agreement, references herein to: "Subscription Software" and "Component Systems" shall have the same meaning, refer to the computer software programs identified this Form and may be referred to in the Agreement as Component Systems, Products, Software Products, Subscription Software, Software, Programs or Licensed Programs; "Support" may be referred to in the Agreement as Support, Maintenance and Support, Annual Support, Support Services, On -Going Support or One Point Support; and "License Restriction" means any limitation on the use of the Subscription Software and may be referred to in the Agreement as License Restriction or User Restriction Effective Date: The date of counter signature by Infor The Parties agree as follows: 1. Any terms not otherwise defined in this Addendum shall have the meanings ascribed to them in the Agreement. 2. The parties agree that the Renewal Term shall be extended for 36 months to 6/13/2022 ("Renewal Term"). However, the continuation of the Renewal Term 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 the applicable annual renewal 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 the next annual term. The Customer 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. 3. The Renewal Term applies to access to the Subscription Software set out below and the related Subscription Services: Page 1 of 3 SaaS Multi Year Commitment Addendum (July 2015) Part # (if applicable) Subscription Software License Restriction* Quantity Type Support Level** 1 XMERSUBSCR Expense Management Subscription for Expense Reports 20,000 DO CXT 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Page 1 of 3 SaaS Multi Year Commitment Addendum (July 2015) For the purpose of the definitions below, Product, Component System and Subscription Software may be used interchangeably. * If specified in the License Restriction field: EU - "End Users" means Licensee's current (i.e. non -terminated) full-time, part-time, or seasonal employees, consultants or contractors who either (i) use the Component System directly or (ii) whose records, schedules, or related data are processed by the Component System. CU - "Concurrent Users" allows access to the Component System up to the stated maximum number of individual concurrent users who are simultaneously logged on to the Component System at any given point in time, irrespective as to whether or not any such user is actually using resources related to the Component System. NU - "Named Users" allows access to the Component System up to the stated maximum number of individual named users, irrespective as to whether any such user is actively logged on to the Component Systems at a given point in time. The Licensee agrees to assign to each Named and Concurrent User a unique identification profile, it being agreed that to the extent Licensee uses generic user profiles as a means to access the Component System, each separate log -on accessing the Component System will be counted as a separate user. CC - "Concurrent Connections" is the means by which the Component System is accessed by users up to the stated maximum number of individual connections simultaneously logged on to any or all of the Component Systems at any given point in time, irrespective as to whether or not any such connection is actually using resources related to the Component System. SV - "Server" means the Component System is licensed to each specific physical hardware server on which the component system is installed or utilised, and Quantity is the maximum number of servers permitted under the License. SI - "Site" means a single, independently managed, (i) Licensee -owned operating facility located at a specific physical address or (ii) a separate legal entity, to which the Component System has also been licensed in the Agreement, at the same physical address; for which Licensee utilises the Component System to process information for that single site or entity. An operating facility may include, but is not limited to, a manufacturing plant, warehouse distribution site, data centre site, or central office. "CXT" = Infor Essential (24X5)/ "CXTP" = Infor Premium (24x7)/"CXTE"= Infor Customer Success Plus program **Support Level: : Licensee is eligible to receive the standard support that Infor makes generally available to its subscription customers. Descriptions of the CXT and CXTP Support plans can be found at http://www.infor.com/cloud/subscription/. A description of the CXTE Customer Success program can be found at https://www.infor.com/support/customer-success-plus/. 5. Renewal Term and Subscription Fees Renewal Term: 6/14/19 to 6/13/2022 Total Fee for Renewal Term: $228,846.60 6. Payment Terms Payment Schedule: $76,282.20 (plus applicable taxes) is payable on or before 6/14/2019 $76,282.20 (plus applicable taxes) is payable on or before 6/14/2020 $76,282.20 (plus applicable taxes) is payable on or before 6/14/2021 Licensee shall pay all invoices within 30 days of the date of the invoice. Invoice Address: 1201 Leopard Street Corpus Christi, TX 78401 Currency: USD Contact Email: TracyA@cctexas.com Contact Title: IT Application Supervisor Contact name: Tracy Andreadis Account ID: 100013196 Contact Tel: 361-826-3149 Unless excluded by applicable law, Infor reserves the right to issue invoices electronically. Page 2 of 3 SaaS Multi Year Commitment Addendum (July 2015) The foregoing terms and conditions are agreed by the following authorised representatives of the parties: Infor (US), Inc. Signature City of Corpus Christi Signature Name: Lindsay Pritchard Name: Title: Associate General Counsel Title: Date: May 30, 2019 Date: Page 3 of 3 SaaS Multi Year Commitment Addendum (July 2015) AGENDA MEMORANDUM Action item for the City Council Meeting June 25, 2019 DATE: June 25, 2019 TO: Peter Zanoni, City Manager FROM: Peter Collins, Interim CIO peterc(a�cctexas. com (361) 826-3735 Kim Baker, Director of Contracts and Procurement Kimb2@cctexas.com (361) 826-3169 Purchase of Harris Radio Dispatch Consoles for MetroCom CAPTION: Resolution authorizing a three-month Service Agreement for the purchase and installation of 14 Harris radio dispatch consoles from Dailey -Wells Communications, of San Antonio, Texas to replace consoles that have reached the end of their service life for a total amount not to exceed $585,999.56 funded through the Information Technology (IT) Fund. PURPOSE: The resolution is to approve a service agreement to purchase and install 14 Harris radio dispatch consoles for Police Department MetroCom. BACKGROUND AND FINDINGS: The current Harris radio dispatch consoles are over 10 years old and must be replaced because they have reached the end of their service life. The Harris radio dispatch consoles are utilized by MetroCom dispatchers to communicate to Public Safety units in the field. Also, the new Harris radio consoles will work with future upgrades of the Harris Public Safety Radio System. This is a sole source purchase. Dailey -Wells Communications is the only provider of these radio dispatch consoles. ALTERNATIVES: Not applicable. 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: IT Department Police Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $3,003,841.88 $0.00 $3,003,841.88 Encumbered / Expended Amount $2,345,817.80 $0.00 $2,345,817.80 This item $585,999.56 $0.00 $585,999.56 BALANCE $72,024.52 $0.00 $72,024.52 Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 5210 - Information Technology 40430 - IT Network Services 241 - Provide and Support Technology Infrastructure n/a 530200 - Telephone/telegraph/cable expense RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Service Agreement Resolution authorizing a three-month Service Agreement for the purchase and installation of 14 Harris radio dispatch consoles from Dailey -Wells Communications, of San Antonio, Texas to replace consoles that have reached the end of their service life for a total amount not to exceed $585,999.56 funded through the Information Technology (IT) Fund. WHEREAS, the 14 Harris radio dispatch consoles will be purchased for use by MetroCom dispatchers to replace consoles that have reached the end of their service life; WHEREAS, this item allows MetroCom dispatchers to communicate to Public Safety units in the field; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to provide to preserve or protect the public health and safety of the municipality's residents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to patents, copyrights, secret processes, or natural monopolies. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a three-month service agreement with Dailey -Wells Communications, of San Antonio, Texas for the purchase of 14 Harris radio dispatch consoles for a total amount not to exceed $585,999.56. Page 1 of 2 The above resolution was passed by the following vote: Joe McComb Rolanda Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith Page 2 of 2 SERVICE AGREEMENT NO. 2323 Radio Dispatch Consoles for Police Department MetroCom THIS Radio Dispatch Consoles for Police Department MetroCom Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home - rule municipal corporation ("City") and Dailey -Wells Communications ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Radio Dispatch Consoles for Police Department MetroCom in response to Request for Bid/Proposal No. SS 2323 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Radio Dispatch Consoles for Police Department MetroCom ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero -months periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $585,999.56, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form May 3, 2019 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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: Pat Eldridge Police Department Phone: 361-886-2696 Email: Pat©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form May 3, 2019 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products 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. (A) 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. (B) 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form May 3, 2019 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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 001 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Pat Eldridge Police Management Services Director Address: 321 Sartain St., Corpus Christi, TX 78401 Phone: 361-886-2696 Fax: 361-886-2607 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form May 3, 2019 IF TO CONTRACTOR: Dailey -Wells Communications Attn: Edward Martinez Major Accounts Representative Address: 3440 E. Houston St., San Antonio, TX 78219 Phone: 361-548-5660 Fax: 210-893-6702 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING 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 comply with any of the terms 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form May 3, 2019 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, 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 if required by said statute. 23. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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] Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form May 3, 2019 CONTRACTOR Signature: Printed Name: Richard Wells Title: President Date: 13 JUN 2019 CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: REB/RFP No. SS 2323 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form May 3, 2019 Attachment A - Scope of Work Corpus Christi MetroCom Pubic Safety Console Replacement Plan A. Initial Deployment Installation Process: The initial deployment upgrade installation consists of replacing the current Windows XP computer with the Symphony Windows 10 computer. All the current EDACS audio and serial interfaces will remain unchanged, allowing the dispatchers to operate the same microphones, custom keyboards, footswitches, audio jack boxes and headsets as they do today. The user screens will be copied from the current consoles to the Symphony console computer to mimic the current C3 configuration. The following steps will be performed by the Contractor to configure and install the Harris Symphony Console to operate in EDACS mode: 1. Install the C3 Maestro Software on the Symphony Windows 10 operating system. 2. Use the C3 Maestro user interface screen layouts for Corpus Christi and program those layouts into the Symphony Console C3 Maestro application. 3. Remove the serial connections from the current Windows XP C3 Maestro computer. 4. Install the 232/422 serial adaptors for Symphony hardware interfacing. 5. Connect the serial interfaces for the Audio Enclosure and the IMC (EDACS Switch) to the Symphony computer. 6. Configure the serial parameters on the Symphony for the two serial inputs and confirm the audio settings. 7. Launch the C3 Maestro Application on the Symphony console then test the audio and console feature set to confirm proper operation. B. Upcoming Deployment Installation Process: When it is time for the Symphony console to operate in the Symphony mode, The Symphony console shall be reconfigured by the Contractor to operate by connecting directly to the VIDA core through IP/Ethernet. Prior to the Symphony consoles being deployed, the dispatch staff will receive training from the Contractor on Symphony operation. The Contractor must perform the following when switching the console from C3 mode to Symphony mode: 1. Ensure the Symphony software is installed. 2. Configure the Symphony software for the upgraded VIDA Core network. 3. Install the new accessories: keyboard, mouse, speakers, footswitches, and jack boxes. 4. Configure the Touchscreen for the Symphony console. 5. Launch the Symphony Console Application on the Symphony hardware then test the audio and console feature set to confirm proper operation. Attachment B - Bid/Pricing Schedule DAILEY-WELLS COMMUNICATIONS 3440 E. Houston St., San Antonio, TX 78219 To: For: Phone: Date: email Peter Collins City of Corpus Christi (361) 826-3735 28 -May -19 PeterC@cctexas.com SYMPHONY CONSOLES //7/2/5 DAILEY.W ELLS From: Edward Martinez Major Accounts Representative Dailey -Wells Communications 361-548-5660 Cell 210.893.6702 Fax emarti nez@dwcomm. corn Item Part # Description Qty. Unit List Disc. °G Unit Sale Ext Sale 1 UD-ZM1G CONSOLE,BUNDLE,MIP FEATURES,WIN10 14 $ 29,895.00 26% $ 22,122.30 $ 309,712.20 2 UD-SG4W LICENSE,AES AND DES LEVEL ENCRYPTION 14 $ 8,500.00 26% $ 6,290.00 $ 88,060.00 3 UD-SG4U LICENSE,PAGING CAPABILITY 14 $ 750.00 26% $ 555.00 $ 7,770.00 4 UD-SH1W LICENSE,FLEXPATHS 56 $ 250.00 26% $ 185.00 $ 10,360.00 5 UD-AB1A SPEAKER, NANO, SYMPHONY 28 $ 295.00 5% $ 280.25 $ 7,847.00 6 UD-CU8T MONITOR, 24" CLASS, TOUCHSCREEN, HD 14 $ 2,475.00 5% $ 2,351.25 $ 32,917.50 7 UD-AB1K CABLE,DISPLAYPORT TO DVI-D,10FT 14 $ 40.00 5% $ 38.00 $ 532.00 8 UD-AB1F MOUSE, OPTICAL, USB, SCROLL WHEEL 14 $ 15.00 5% $ 14.25 $ 199.50 9 UD-AB1G KEYBOARD, 104 KEY, USB 14 $ 185.00 5% $ 175.75 $ 2,460.50 10 UD-AB1D SINGLE FOOTSWITCH, USB, SYMPHONY 14 $ 255.00 5% $ 242.25 $ 3,391.50 11 UD-AB1M DESK MIC, DB9 14 $ 245.00 5% $ 232.75 $ 3,258.50 12 UD-AB1B JACK BOX, 6 WIRE 28 $ 450.00 5% $ 427.50 $ 11,970.00 13 2C-CM22218-0305 HEADSET,OVER-THE HEAD SOLID BOOM 14 $ 280.00 5% $ 266.00 $ 3,724.00 14 CM -022218-001101 License,Vocoder 14 $ 100.00 26% $ 74.00 $ 1,036.00 15 MM1000D MANUAL,OP/INSTAICONFIG,SYMPHONY,CD 14 $ 25.00 10% $ 22.50 $ 315.00 16 VS-CR1V ROUTER,ISR,C1111-4P 1 $ 1,250.00 5% $ 1,187.50 $ 1,187.50 17 VS-MN3X KIT, C1111 ROUTER SITE MTG 1 $ 156.00 5% $ 148.20 $ 148.20 18 VSCU3H SWITCH,CISCO 2960 PLUS 1 $ 1,454.57 5% $ 1,381.84 $ 1,381.84 19 VSMA6N KIT,MTG HDWR,CISCO 2960 MASTR III/V CAB 1 $ 69.88 5% $ 66.39 $ 66.39 20 VS-CR1V ROUTER,ISR,C1111-4P 1 $ 1,250.00 5% $ 1,187.50 $ 1,187.50 21 VS-MN3X KIT, C1111 ROUTER SITE MTG 1 $ 156.00 5% $ 148.20 $ 148.20 22 VSCU3H SWITCH,CISCO 2960 PLUS 1 $ 1,454.57 5% $ 1,381.84 $ 1,381.84 23 VSMA6N KIT,MTG HDWR,CISCO 2960 MASTR III/V CAB 1 $ 69.88 5% $ 66.39 $ 66.39 24 UD-SW1 N SW,SYMPHONY PC APP & WIN 10 IMAGE 1 $ 200.00 26% $ 148.00 $ 148.00 25 DWC Installation DWC PM, Engineering, Installation, T&L 1 $ 96,730.00 0% $ 96,730.00 $ 96,730.00 Extended Total $ 585,999.56 Terms: Net 30 Days Price valid until August 31, 2019 Project deliverables, such as schedule and SOW will be mutually agreed upon and delivered after placement of order Dailey -Wells Communications Confidential 5/28/2019 Page 1 Attachment C - Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of 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 $1,000,000 Aggregate 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 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • 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. 2019 Insurance Requirements Ins. Req. Exhibit 7-D - IT Contracts - Hardware Installation 04/26/2019 Risk Management - Legal Dept. Bond Requirements: No bond requirements necessary for this Service Agreement; therefore, Section 5(8) is null for this Service Agreement. Attachment D - Warranty Requirements Warranty Requirements: All radio dispatch consoles are warranted for one year from the date of acceptance. AGENDA MEMORANDUM Action Item for the City Council Meeting June 25, 2019 DATE: June 12, 2019 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary RebeccaHcctexas.com (361) 826-3105 Amend Council Policies — Deadline to Submit Board, Commission, and Committee Applications CAPTION: Resolution amending City Council Policy No. 14 regarding board, commission, and committee appointment procedures to require applications to be submitted no later than 14 days prior to the appointment date. PURPOSE: To amend Council Policies to change the deadline to submit applications for boards, commissions and committees from the seventh calendar day to the 14th calendar day before the date appointments are considered by City Council. BACKGROUND AND FINDINGS: Per Council Policy No. 14, "all individuals considered for appointment by the City Council to a Board, Commission, Committee, or Corporation must have an application on file in the Office of the City Secretary not later than 5:00 p.m. on the seventh calendar day before the date appointments are considered by City Council." City Council agendas are now being provided to the Council one week in advance of the Council meeting (the Monday before the regular Council meeting). In order to provide a complete board and committee applicant packet in the agenda, the City Secretary's Office is recommending that the application deadline be changed to 14 calendar days before the date appointments are considered by the Council. Additionally, since most applicants apply online, staff is recommending that the 5:00 p.m. deadline be eliminated. ALTERNATIVES: The Council could decide not to change the deadline. This is not recommended because the Council would receive board applications separately from the rest of the agenda, resulting in a less streamlined process. CONFORMITY TO CITY POLICY: Council Policies DEPARTMENTAL CLEARANCES: City Manager's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital II Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Approval of the resolution. SUPPORTING DOCUMENTS: Resolution Resolution amending City Council Policy No. 14 regarding board, commission, and committee appointment procedures to require applications to be submitted no later than 14 days prior to the appointment date Be it resolved by the Corpus Christi City Council: That City Council Policy No. 14 is revised to change the deadline for submission of an application for an appointment by City Council to a Board, Commission, Committee, or Corporation from seven days to 14 days prior to the date appointments are considered by City Council, with revisions as shown below: "14. - Boards, commissions, and committee procedures. All individuals considered for appointment by the City Council to a Board, Commission, Committee, or Corporation must have an application on file in the Office of the City Secretary not later than 5:00 p.m. on the seventh 14th_calendar day before the date appointments are considered by City Council. Applications filed with the Office of the City Secretary after this deadline shall not be considered by City Council on the date appointments are considered, that date being seven 14 days after the aforementioned application deadline; but will be retained for future consideration. All vacancies must be listed on a City Council agenda in order for appointments to be made. Any Council Member can nominate persons to fill vacancies, except where the law requires nomination by the Mayor or City Manager. Each appointment must receive a majority vote of the Council Members present and voting. No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time unless: required by Charter, statute, or other ordinance; said committee is one ad hoc committee: when such service is required by virtue of the individual's position or title as the result of employment; when such appointment involves the Mayor or Council Members; or when such appointment involves a Type A or Type B corporation, in which case a person may serve as a director of both a Type A and Type B corporation, concurrently. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas day of , 2019 The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith AGENDA MEMORANDUM Public Hearing/First Reading Ordinance for the City Council Meeting 6/25/2019 Second Reading Ordinance for the City Council Meeting 7/16/2019 DATE: May 7, 2019 TO: Peter Zanoni, City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Ordinance rezoning a property at or near 3802 Callicoate Road CAPTION: Zoning Case No. 0519-01 Luxury Spec Homes (Council District 1) Ordinance rezoning property at or near 3802 Callicoate Road from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 Single -Family 4.5 District. PURPOSE: The purpose of this item is to allow for the construction of single-family homes. BACKGROUND AND FINDINGS: The subject property is 24.620 acres in size. The owner is proposing the construction of single- family homes. ALTERNATIVES: 1. Deny the request of "RS -4.5" Single -Family 4.5 District. OTHER CONSIDERATIONS: None. 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 District is consistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: o Operating o Revenue El Capital x Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project #: N/A Account: N/A RECOMMENDATION: Planning Commission and Staff Recommendation (May 1, 2019): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District. Vote Results: For: 7 Opposed: 0 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0519-01 Luxury Spec Homes: Ordinance rezoning property at or near 3802 Callicoate Road from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Luxury Spec Homes ("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 1, 2019, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District and on Tuesday, June 11, 2019, 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 Luxury Spec Homes ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 24.620 acre tract described in a deed recorded in Document No. 2015045970, Official Public Records Nueces County, Texas. Said 24.620 acre tract being out of a 39.93 acre tract described in a deed recorded in Volume 1017, Page 528, Deed Records Nueces County, Texas. Said 24.620 acre tract also being out of the Gregorio Farias Grant, Abstract No. 592, Nueces County, Texas, located on the east side of Callicoate Road, south of Leopard Street, and north of the City Limits (the "Property"), from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District (Zoning Map No. 064050), as shown in Exhibits "A" and "B". Exhibit A, 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. K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0519-01 Luxury Spec Homes\Council Documents\Ordinance_0519-01 Luxury Spec Homes.docx Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 5 Exhibit A STATE OF TEXAS COUNTY OF NL /ICES Field notes of a 24.620 acre tract described in a dad recorded in Document No. 2015045970, Official Public Records Nueces County, Texas Said 24,620 acre tract kiting out ofa 39.93 acre tray described In a deed recorded in Volume 1017. Page 528. Deed Records Nueccs County, Texas Said 24.620 acre tract also being out of the Gregorio Ferias Grant- Abstract No. 592. Nucor.; County, Texas. Said 24.620 acre tract being more particularly described as follows: BEGINNING at a 5.B" re -bar set for the west comer of Banily Drive. for the south corner of Lot 7, Block 21, Cal licoatte Estates Unit 2, as shown on a map recorded in Volume 47. Pages 37 - 39. Map Records Nueces County, Texas. for the east corner of Lot 8. Block 21, Calllcaattc Estates Unit 2• as shown an a map recorded III Volume 50, Page 73. %lap Records Nueces County. Texas. and for the mast northerly corner of this survey. THENCE with the common line of said Callicoattc Estates L:nit 2- i Vol. 47, Pgs. 37 - 39) and this survey. South 54°11'56" East. at a distance of 342,21 feet pass a 5'8" re -bar found for the common south comer of Lots 5 and 6. Block 4, and in all a total distance of 999.19 feet to a 51" re -bar found in the northwest Ilne of Lot 19. Block 4, for the south corner of Lot 17, Block 4. and for the east corner of this sunny THENCE with the common tine of said Callicoane Estates Unit 2, (Vol. 47, Pgs 37 - 39) and this surrey. South 36"37'52" West, a distance of 915.46 feet to a 5.8' re -bar set in the northwest line of Lot 10. Block 8. for the east comer of the Ernie and Dons Larson Trust 3443 acre tract described in a deed recorded in Document No. 2006001494. Deed Records Moores County. Texas, and for the south comer of this surrey. from WHENCE a 5.8" re -bar found for the common west comer of Lou 10 and I I. Block 8 bean. South 36°37'52" West- a distance of 39.54 feet THENCE with tIsc common line of said 39.93 acre tract and this sunny. North 53'52'21" WeaL a distance of 1386.24 feet to a 5.'8" re -bar found In the southeast right of way of Callitwatte Road. for the north corner of said 39.93 acre tract and for the west corner of this survey. THENCE with the common line of the southeast right of way of Callicouttr Reed and this surrey, North 35°47'58" East, a distance of 415.06 feet to a 5.8" re -bar set for the west corner of the William lobe 2.00 acre tract being out of said 39.93 acre tract (Vol. 1017, Pg. 528) and for the encu westerly north corner of this survey. THENCE with the common line of said 2.00 acre tract and this survey. South 54°10'58" East, a distance of 400.13 feet to a 5.'8" rear set for the south comer of said 2.00 acre tract arid for an inside comer of this soavey. THENCE with the common line of said 2.00 acre tract and this survey. North 35°45'40" East. a distance of 188.64 feet to a 1" iron pipe found for the common east comer of said 2.00 acre tract and of said Lot 8, Block 21. Callicoatte Estates Unit 2 (Vol. 50, Pg,. 73), and for an inside corner of this survey. THENCE with the common line of said Lot 8, Block 21 (Vol. <(1, Pg. 73) and this surrey, Nonh 35°51'33" East a distance of 303.88 feet to the POINT OF BEGLNNING, and containing 24.624 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datura. 2.) Set 51- re -bar - steel re•har set with yellow plastic cap labeled Brister Surveying. 3.) A map of equal date accompanies this metes and bounds description. 1. Ronald E. Brister do hereby cenify that this survey of the property legally described herein .+as mode un the ground this day /man 11.2018 and is correct to the hest of in, knowledge and belief. Ronald E anger. RI'LS No. 5407 Date: January 12. 2018. lob So 171773 1 Page 4 of 5 Exhibit B sfe r VO 33, ti W ,l u. ,Y sal[ - •I I A ... OILY* 31 __n a •••�.. d •..L ter.. •..-R . re w h1; 244 • Z • Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0519-01 INFOR No. 19ZN1009 Planning Commission Hearing Date: May 1, 2019 Applicant & Legal Description Owner: Luxury Spec Homes Applicant: Luxury Spec Homes Location Address: 3802 Callicoate Road Legal Description: Being 24.620 -acre tract described in a deed recorded in Document No. 2015045970, Official Public Records Nueces County, Texas. Said 24.620 -acre tract being out of a 39.93 -acre tract described in a deed recorded in Volume 1017, Page 528, Deed Records Nueces County, Texas. Said 24.620 -acre tract also being out of the Gregorio Farias Grant, Abstract No. 592, Nueces County, Texas, located on the east side of Callicoate Road, south of Leopard Street, and north of the City Limits. Zoning Request From: "FR" Farm Rural District To: "RS -4.5" Single -Family 4.5 District Area: 24.620 acres Purpose of Request: To allow for the construction of single-family homes. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Medium Density Residential North "RS -6" Single -Family 6 Vacant and Low Density Residential Medium Density Residential South "FR" Farm Rural Vacant Medium Density Residential East "RS -6" Single -Family 6 Low Density Residential Medium Density Residential West "RS -6" Single -Family 6 and "IH" Heavy Industrial Vacant, Low Density Residential, and Heavy Industrial Low and Medium Density Residential and Heavy Industrial 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 District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 064050 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 420 feet of street frontage along Callicoate Road which is designated as an "A3" Primary Arterial Street and approximately 50 feet of street frontage along Matt Avenue which is designated as a Local/Residential Street. According to the Urban Transportation Plan, "A3" Primary Arterial Streets can convey a capacity between 30,000 to 48,000 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Callicoate130' Road Primary Arterial "A3"N/A ROW 79' paved 85' ROW 35' paved Matt Avenue Local/Residential 50' ROW 28' paved 50' ROW 28' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District to allow for the construction of single- family homes. Development Plan: The subject property is 24.620 acres in size. The owner is proposing the construction of single-family homes. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District, consists of vacant land, and has remained undeveloped since annexation in 1962. To the north are properties zoned "RS -6" Single -Family 6 District and consists of single-family residences (Callicoate Estates, 1982). To the south are vacant tracts zoned "FR" Farm Rural District. To the east are properties zoned "RS -6" Single -Family 6 District and consists of single-family residences (Callicoate Estates, 1982). To the west are a few large tract single-family residences (Hearn Tract, 1980) zoned "RS -6" Single -Family 6 District and the American Electric Power Service Center and Substation zoned "IH" Heavy Industrial District. 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. Utilities: Water: 8 -inch ACP line located along Callicoate Road. Wastewater: 8 -inch VCP line located along Lott Avenue. Gas: No service currently available. Storm Water: Roadside drainage along Callicoate Road. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for Staff Report Page 3 medium density residential uses. The proposed rezoning to the "RS -4.5" Single -Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (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 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). • Support the separation of high-volume traffic from residential areas or other noise -sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Promote interconnected neighborhoods with appropriate transitions between lower -intensity and higher -intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. The proposed rezoning does not have a negative impact upon the surrounding neighborhood. • A preliminary plat was submitted by the applicant identifying 126 dwelling units. Compared to the acreage, the density would be 5.25 dwelling units per acre which is compatible with the future land use of medium density residential. According to Plan CC, medium density residential is defined as between 4 and 13 dwelling units per acre. • The proposed "RS -4.5" District does technically constitute the potentiality for an increase in density of single-family homes compared to the surrounding "RS -6" District residential subdivision to the north and east. However, based on the data from the submitted preliminary plat, the average lot size is 6,268 square feet. The smallest lot size is 5,425 square feet and the largest lot is 15,666 square feet. Planning Commission and Staff Recommendation (May 1, 2019): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. Vote Results: For: 7 Opposed: 0 Absent: 1 Abstained: 0 Staff Report Page 4 Public Notification Number of Notices Mailed — 85 within 200 -foot notification area 7 outside notification area As of April 26, 2019: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 3 inside notification area — 0 outside notification area Totaling 1.34% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0519-01 Luxury Spec Homes\Council Documents\CC Report_0519-01 Luxury Spec Homes.docx Staff Report Page 5 4 *4• FR 4 CN -2 -3, ,5 19 cy ' SUBJE.CT PROPERTY 0 400 85 800 Feer CASE: 0519-01 ZONING & NOTICE AREA RM -1 Mull famEly7 RM -2 Multlfamly2 RM4 Multifamily ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commerelal CN -2 Neighborhood Commercial CR -1 Resort Commerelal CR -2 Resort Commerelal CG -1 General Commercial CG -2 General Commerelal CI Intensive Commercial Cao Downtown Commercial CR -3 ResortCommerelal FR Farm Rural HHistoric Overlay RP Business Park IL Light Industrial IH Heavy Industrial Poo Planned unit oev. Overlay R5-10 Single-Famey 10 RS -6 Single -Family 6 R94.5 Single -Family 4.5 RS -TF Two -Family RE -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Recrealoermlt RV Recreational Vehicle Park RMH Manufactured Home Sub�att y11tlrly O Owners 200'008,13 favor 9 ownera wimm Zoo xsred on X nwrmrs arratt,ad owaerana etwe mePnoslaoa LOCATION MAP Staff Report Page 6 Persons with disabilities panning to attend this meeting who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240 Personas coni apecidades que tienen la intenciOn de asistir a esta1unta_ystue reguieren servicios especiaies, se les suplica que den aviso 48 horas antes de_i jurats P rnando al departamento de servicios de desarrollo al numero (361) 826-3240 If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present dunng the meeting. Si usted desea dingirse a la commission durante la junta y su ingles es Iimitado favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de ra junta para solicitar un interprets ser presente durante 'a junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0519-01 Luxury Spec Homes has petitioned the City of Corpus Chnsti to consider a change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, not resulting in a_change to the Future Land Use Map. The property to be rezoned Is described as 3802 Callicoate Road and being 0.909 acre tract being 24.620 acre tract described in a deed recorded in Document No. 2015045970. Official Public Records Nueces County, Texas, Said 24.620 acre tract being out of a 39.93 acre tract described in a dead recorded in Volume 1017. Page 528, Deed Records Nuecos County, Texas. Said 24.620 acre tract also being out of the Gregorio Farias Grant. Abstract No. 592, Nueces County. Texas, located on the east side of Callicoate Road, south of Leopard Street, and north of the City Limits. The Planning Commission may recommend to City Council approval or denial or approval of an intermediate zoning classrfication and/or Special Permit Approval of a change of zoning, if Inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public heanng for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, May 1, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers. 1201 Leopard Street You are invited to attend this public heanng to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT. SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0 BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE. In accordance with the Planning Commission By•Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal_ either at home or office, or in person. by telephone call or by letter. Printed Name: Cutler,/ Address /2 105 // CA all I ) IN FAVOR City/State: Cu ,1pws CA -.ser', 11N OPPOSITION Phone 5C/' 9(,0 -3527 REASON IAJ' 11 Lt AT? -re -re a rquc t -i 1124 FF1 Ou 1N t' 5f Arer:5- .1 )- TAV 5 l0+ ,1 4r`' �+ 9e+ Oil fY6/4fir»" 13404'41 Signatur Ste MAP ON REVERSE SIDE 0„, DA' Fog( INFOR Case No.: 19ZN1009 �% Property Owner ID: 20 pickup �'ti►r 5ctsopfs 1( Case No 0519 01 Project Manager Andrew Dimas Email andrewd2@cclexas com Staff Report Page 7 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240 Personas con mcaQidades, aye tienen la intencion de asistir a esta iunta Y aue reoureren servicios esceciales. se les suplica oue den aviso 48 horas antes de la wine Hernando al deoartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited. please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea (hearse a la commission durante Is junta v su ineles es lirnj ado. favor de Ilamar al de mento de i jos de de :r • al numero .:1 826-3240 =1 menos 48 h•r.s antes d- I= unta •ara solicitar un interorete ser presence durante la junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0519-01 Luxury Spec Homes has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Map. fhe property to be rezoned is described as 3802 Callicoate Road and being 0.909 acre tract being 24.620 acre tract described in a deed recorded in Document No. 2015045970. Official Public Records Nueces County, Texas. Said 24.620 acre tract being out of a 39.93 acro tract described in a deed recorded in Volume 1017. Page 528, Deed Records Nueces county, Texas. Said 24.620 acre tract also being out of the Gregorio Ferias Grant, Abstract No. 592, Nueces County, Texas, located on the east side of Callicoate Road, south of Leopard Street, and north of the City Limits. The Planning Commission may recommend to City Council approval or denia or approval of an intermediate zoning classification and/or Special Permit Approval of a change of zoning If inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. May 1. 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the Crty Council Chambers, 1201 Leopard Street. You are invited to attend this public heanng to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST 8E FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) ANO MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 0277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person. by telephone call or by letter. Printed Name: Ai' � l I °rYG 7 c fY L � Address: 1 ��vol.,`�eorn)- etjf�U 1 Oh ji tate. 7 [lf() ( ) IN FAVOR OistrrN. OPPOSITION Phone: 3 &I-- REASON I` REASON SEE MAP ON REVERSE SIDE INFOR Case No. 19ZN1009 Property Owner ID B0 t -)t Qom, Signature Case No. 0519.01 Project Manager Andrew Dimas Email andrewd2acctexas com Staff Report Page 8 s with disabilities planning to attend this meeting who may require special services, are requesh. relopment Services Department at least 48 hours in advance at (361) 826-3240 Personas con incaL, ;nen la mtencien de asistir a esta iunta y que requieren servicios especiates. se les sueliCa que den a antes de la junta Ilamando al departamento de servicios de desarrollo, al numero L361) 826-3240 If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting Si usted desea dirgirse a la oommsslon durante La Junta v su incites es limitado favor de Hamar al departamento de servicios de desarrollo al npmero 1,361) 876-3240 al menos 48 horas antes de la Junta para solicitar un interprete ser presente durante la junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0519-01 Luxury Spec Homes has petitioned the City or Corpus Chnsti to consider a change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Map. The property tc be rezoned is described as. 3802 Callicoate Road and being 0.909 acre tract being 24.620 acre tract described in a deed recorded in Document No. 2015045970, Official Public Records Nueces County, Texas. Said 24.620 acre tract being out of a 39.93 acre tract described in a deed recorded in Volume 1017, Page 528, Deed Records Nueces County, Texas. Said 24.620 acre tract also being out of the Gregorio Farias Grant, Abstract No. 592, Nueces County, Texas, located on the east side of Callicoate Road, south of Leopard Street, and north of the City Limits. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning. if inconsistent with the City's Comprehensive Plan. wit also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public heanng for this rezoning request to discuss and formulate a recommendation to the City Council The public hearing will be held on Wednesday, May 1, 2019, dunng one of the Planning Commission s regular meetings, which begins a: 5:30 p.m. n the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request For more information. please call (361) 826-3240 TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0 BOX 9277. CORPUS CHRISTI, TEXAS 78469- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By•Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office. or in person. by telephone call or by letter cis\ Printed Name. be1io Q-eV()ePJ c ( \ Address. \\ ) ) VON&N.A ,.r a U .C. ( ) IN FAVOR (NA4V OPPOSITION 1S -Li 7 -'Phone City/State REASON -rhe ` \�„.St hc. 1S a\rec y ruk2c\er-1; 'Q \a rm\ Signature SEE MAP ON REI, RSE SIDE &A \ — INFOR Case No 19ZN1009 &X Property Owner ID 67 rOCLA h `G3— O Case No 0519-01 Project Manager Andrew Dimas Email andrewd2gcdexas corn Zoning Case #0519-01 Luxury Spec Homes Rezoning for a Property at 3802 Callicoate Road City Council Presentation June 25, 2019 Aerial Overview b * AlEP ©6D. 8@ngks C@III1UP q7 qit, ,.- AZ969 % 40 *W4r 1 V c, CsEE[IbuT Eaal' Ell@om@nguy ©h©� 2 Subject Property at 3802 Callicoate Road N At 1liciA ty Marp *4. 7 16 l I + ... ` 1 TM Itry 7 .y. n 1�IP y J i•t-0 +_iik fA126 r � (oarpenStreetMap and contributors, Creative s_CCommons-SharevAlike License (CCrBY--SA) 3 Zoning Pattern 002 Mme 662 11"2 404•464,141. AU. '4 n ^ iia o 3 ,c,c 0 7 3 OU ICT Joy! • e©M©@ C miter RODUF `1070 ©E bn E ,aft CEO@m®ntti M©©U 002 =115FR 676 062 Planning Commission and Staff Recommendation Approval of the "RS -4.5" Single -Family 4.5 District Preliminary Plat 110114 1-111r 1001,000.0111.01.1., 001.00701.1.00r timed Smt odart r I C o Amo N4' r MICOLFAT0M. US, wAna»�.a�rxer� wcmi.n cnWnr, o- :} ]f1'10 XT..1.1S wart PLAT OF CAWCOATIE ESTATES I.'PTT] iR 55 1.101,0101.10! nnrvF Mit canAi®CSCI s Heister Surveying 116 NT 53 51 3i I� awe 53 59 59 %:' .::fes=%°/ X11 t.r.11v' uin 1 6 Public Notification 85 Notices mailed inside 200' buffer 7 Notices mailed outside 200' buffer Notification Area Opposed: 3 (1.034%) In Favor: 0 FR Ik SUBJECT PROPERTY, 400 Pa. Create, 19 armpit o,o ckeigem.rirse ,.;; 7 UDC Requirements Buffer Yards: N/A Setbacks: Street: 20 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single -Family Homes, Home Occupations, Group Homes. im y� (% ea T 6 rte, y iii.3. in Utilities k' 11- T, - lI.l: I II �'4, I,_. _'fir il' SUBJECT FROMM Water: 8 -inch ACP A J Water Main — Distribution Wastewater: 8 -inch VCP • waSTEWATER A J WASTEWATER MANHOLE 8: 0 — • Gas: No Service )SIR i1$1 382 • J GAS DIST MAIN — <all other values> Storm Water: Road side drainage • .f STCRMWATER • -/ STORM MANHOLE AGENDA MEMORANDUM Public Hearing/First Reading Ordinance for the City Council Meeting 6/25/2019 Second Reading Ordinance for the City Council Meeting 7/16/2019 DATE: May 7, 2019 TO: Peter Zanoni, City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Ordinance rezoning a property at or near 3030 McKinzie Road CAPTION: Zoning Case No. 0519-02 Rick's Homes, LLC. (District 1) Ordinance rezoning property at or near 3030 McKinzie Road from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District (Tract 1) and "RS -4.5" Single -Family 4.5 District (Tract 2). PURPOSE: The purpose of this item is to allow for the construction of a commercial property and single- family homes. BACKGROUND AND FINDINGS: The subject property is 9.10 acres in size. The owner is proposing the construction of a commercial property and single-family homes. ALTERNATIVES: 1. Deny the request of "CN -1" Neighborhood Commercial District (Tract 1) and "RS -4.5" Single -Family 4.5 District (Tract 2). OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District and the "RS -4.5" Single -Family 4.5 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project #: N/A Account: N/A RECOMMENDATION: Planning Commission and Staff Recommendation (May 1, 2019): Approval of the change of zoning from the "RS -6" Single -Family District to the "CN -1" Neighborhood Commercial District (Tract 1) and "RS -4.5" Single -Family 4.5 District (Tract 2). Vote Results: For: 5 Opposed: 0 Absent: 1 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0519-02 Rick's Homes, LLC: Ordinance rezoning property at or near 3030 McKinzie Road from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District (Tract 1) and "RS -4.5" Single -Family 4.5 District (Tract 2) WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Rick's Homes, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, May 1, 2019, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS -6" Single - Family District to the "CN -1" Neighborhood Commercial District (Tract 1) and "RS -4.5" Single -Family 4.5 District (Tract 2) and on Tuesday, June 11, 2019, 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 Rick's Homes, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 1.695 acre tract, for rezoning purposes only, out of a 9.107 acre tract described in a deed recorded in Document No. 2018054782 (Tract 1) and being 7.411 acre tract, for rezoning purposes only, out of a 9.107 acre tract described in a deed recorded in Document No. 2018054782 (Tract 2), located on the east side of McKinzie Road, south of Interstate 37, and north of Leopard Street (the "Property"), from the "RS -6" Single -Family District to the "CN -1" Neighborhood Commercial District (Tract 1) and "RS -4.5" Single -Family 4.5 District (Tract 2) (Zoning Map No. 061049), as shown in Exhibits "A" and "B". Exhibit A, 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. K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0519-02 Rick's Homes, LLC\Council Documents\Ordinance_0519-02 Rick's Homes, LLC.docx Page 2 of 8 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 8 Exhibit A STATE OF TEXAS COUNTY OF NUECES EXHIBIT A.1 Field notes of a 1.695 acre tract. for rezoning purposes only. out of a 9.107 acre tract described in a deed recorded in Document No. 2018054782, Official Public Records of Nucces County. Texas. Said 1.695 acre tract being more particularly described as follows. BEGINNING at a 58" re- bar found previously set in the east right of way of McKinzie Road, for the southeast corner of a 40' mad dedication descrilxd in a deed recorded in Document No. 1997036728. Deed Records of Nueces County. Texas. for the upper southwest comer of said 9.107 acre tract and for the southwest corner of this survey. THENCE with the common line of the east right away of McKinzie Road, said 9.107 acre tract and this survey, North 08°53'59" East, a distance of 327.37 feet to a point for the northwest corner of this sun'ey, from WHENCE a 54" re- bar found previously set in the east right of way of McKinzie Road and for the northwest comer of said 9.107 acre tract bears, North 08°53'59" fast, a distance of 130.00 feet. THENCE South 81°06'01" East, a distance of 225.34 feet to a point for the northeast comer of this survey. THENCE South 0r54' 12" West, a distance of 328.15 feet to a point for the southeast come of this survey. THENCE North 20•54'11" West. at a distance of 56.61 feet pass a 518" re -bar found for an inside corner of said 9.107 acre tract and for the northeast comer of Lot 1. Block 7, Highway Village Section 1, Annex, as shown on a map recorded in Volume 42, Page 100. Map Records of Nueces County. Texas, and in all a total distance of 225.32 fed to the POINT of BEGINNING, and containing 1.695 acres of land, more or less. Notes: 1.) Bearings are based on Global Positkming System NAD 113 (93) Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8" re -bar — steel re -bar set with yellow plastic cap labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey ofthe property legally described herein is correct to the hest of my knowledge and belief Ronald E. Brister. RPLS No. 5407 Date: March 12.2019. Job No. 1904I9A Page 4 of 8 STATE OF TEXAS COUNTY OF NUECES EXHIBIT 8-1 Field notes of a 7.411 acre tract, for rezoning purposes only, out ors 9.107 acre tract described in a deed recorded in Document No. 2018054782. Official Public Records of Nueces County, Texas. Said 7,411 acre tract being more particularly described as follows BEGINNLNG at a 51" re -bar found in the nonh nght of way of North Harrington Drive, for the southeast coma of Lot 1, Block 7. Highway Village Section 1, Annex, as shown on a map recorded in Volume 42, Page 100, Map Records of Nueces County, Texas. and for the common lower southwest Corner of said 9.107 acre tract and this surrey, from WHENCE the intersection of the north right of way of North Harrington Drive and the cutback in the eau right of way of McKinzie Road. for an outside corner of said Lot 1, Block 7. and for a point of curvature of a curve having a radius of 10.00 feet bears. North 80°50'28" West, a distance of 148.74 feet. THENCE with the cormnon line of said Lot 1, Block 7, said 9.107 acre tract, and this survey, North 01159'26" East, a distance of 2011.95 feet to a SB" re -bar found for the northeast Corner of said Lot 1, Block 7 and for a common inside comer of said 9.107 sere tract and this surrey. THENCE 8(°54' 11" East, a distance of 56 61 feet to a point fur an inside comer of this survey. THENCE North 08°54'12" East, n distance of 328.15 feet to a point for an male Cerner of this surrey. THENCE North 81°06'01" Wes. a distance of 225.34 feet to a point in die current cast right of way of McKrrrcie Road, in the west line of said 9.107 acre tract and for the upper southwest Corner atlas survey. THENCE with the common line of the current cast right of way of McKinzie Road, the west line of said 9.107 acre tract, and this survey. North 08`53'59" East. a distance of 130.00 fed to a 5r8" re -bar found previously set for the common northwest coma of said 9.107 acre tract and this survey. THENCE with the common line of said 9.107 acre tract and this survey, South 81°06'01" East. at a distance of 10.00 feet pus n point for the southwest corner of Lot 2, Block 7, Highway Village Section 1. Annex, as shown on a map recorded in Volume 46, Page 225, Map Records of Nueccs County, Texas, and in all a total distance of 360.35 feet to a point in the west line of the Elbas Land Development, LLC 584 acre tract out of the west portion ofa 17,74 acre tract described in a deed recorded in Document No. 2011024672. Official Public Records of Nueva County. Texas, for the southeast corner of said Lot 2. Block 7. and for the common northeast coma of said 9.107 acre tract and this survey. THENCE with the common line of said 5.84 acre tract, said 9.107 acre tract, and this survey. South 08°54'12" West, a distance of 427,50 feet to s 5/8" re -bar found for the southwest comer of said 5.84 acre tract and for a common inside corner of said 9.107 acre tract and this survey THENCE with the common lite of said 5,84 acre tract, said 9,107 acre tract, and this survey. South 80°50'26" East, at a distance of 264-45 feet pass a poem of the common south comer of said 5 84 acre tract and of Lot 22, Block 4, Maple Hills Unit 7, Phase One, as shown on a map recorded in Volume 68, Page 691, Map Records of Nueces County, Texas, and in all a total distance of 797.40 to a PK nail found previously set in the west line of Lot 7, Block 1, Maple Hills Subdivision Unit 3, as shown on a map recorded in Volume 65, Page 137, Map Records of Nueces County, Texas, for the common south canter of Lots 5 and 6, Block 3 of said Maple Hills Unit 7, Phase One, and for the common northcasl corner of said 9.107 acre tract and this survey. THENCE with the common line of said 9.107 acre tract. Block 1. Maple Hills Subdivision Unit 3, and this survey. South 08°56'18" West, a distance of 240.26 feet to a point in the north line of Lot 5, Block 1, Highway Village Section 2, as shown on a map recorded in Volume 11, Pages 54 and 55, Map Records of Nueces County, Texas, for the common southeast confer of said 9.107 acre tract and this survey. from WHENCE a 5+8" re -bar found in the west right of way of Wagonwheel Drive, for the common east corner of Lot 23. Block 1, Rolling Acres No. 2. as shown on a map recorded in Volume 1 I, Page 47, Map Records of Nueces County, Texas and of Lot 1, Block 1, Rolling Acres Unit 3, as shown on a may recorded in Volt me 68, Pages 997 & 998, Map Records of Nueces County, Texas bears, South 80°50'28" East. a distance of 2,463.20 feet. Page 5 of 8 EXHIBIT 11-2 THENCE with the common Zine of Block 1, I Iighway Village Section 2, said 9.107 acne tract, and this survey, North *0'50'28" West, a distance of 9119.19 feet to the POINT of BEGINNING of this survey, and containing 7.411 acres of land, more or less. Notes: 1.) Bearings arc based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 518— re -bar = steel re -bar set with yellow plastic cap labeled Brister Surveying. I. Ronald E. Brister do hereby certify that this survey oldie property legally described herein is correct to the best of my knowledge and belief Ronald I'. lincter, KPI.S No. 5407 Date: March 12, 2019. Job N, I 1/f14I''dti Page 6 of 8 Exhibit B EXHIBIT OF A 1.695 ACRE TRACT, FOR REZONING PURPOSES ONLY, OUT OF A 9.107 ACRE TRACT DESCRIBED EN A DEED RECORDED IN DOCUMENT Na 2018054782, OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. SCALE 1' - 611 0< LLI Z V r, PM11'. 1 Or REMAINDER OF 9.107 ACRES S81° 06' 01'E 22534' (MEAS) 1.695 ACRES 73,853 S.F. N80°54' 11'W 225.3T (MEAS) IIIGIIWAY VILLAGE SECTION 1, ANNEX LOT 1, BLOCK 7 VOL 42, PG. 100 M.R.N.C_T. S6f 1' EXHIBIT A-2 REMAINDER OF 9.107 ACRES ®- FOUND Mr RF, -RAR 0= PROPERTY CORNER Q = FOUND W RE -BAR PREVIOUSLY SET -, Brister Surveying 4.“ 4.,I PM. Ib! U.- SAr'I Unme Lima. Tom 1 4Il CO lel MD IMO Na LI KI IRO M.' NOp.n°n MI OPTS* L 1.11.MARCH 12, 3)19 NOTES I., mTAL WAVILY SO ARMS 1A3 ACLU 1, MIAMI Y.ARI CABIN 11Y141 M CNUML POIIIIOMPY, SYSTEM IM ONI,vNU6 UA RM OPPI VPKLIMA- tRll NORM 111 RI/11111110W PI Al NC CAP LAMLy1Ml MITM SMIVVCIPM. a l A MITIS MR/ MJU$D9 DIAIIVTON OP MU Al 0011•hat... ANIMINTI TAIN\tY 11N11LIYLY DOLS NOT INO.INM. OIL IUMMI OA O VNLTGATLMI. OR LOCATIONS OF Al L 15N ITI,OP. LAMNt1/1T maw Of VMS, OR VIIIITNA ON MK PROPSiTY l NOSALD L MITRR DO IICRMY CPR On TIM TNSILIIT'Y OP T! PNOPTiTY LLGAIIY OGCRIRD IRWIN IL CON KILT TO MP MT OY MY MIOIPIX/XIC ANDRRIV 106 ND. 1904I9A PC/NAME SRILTA RPM !1O 74 Page 7 of 8 EXHIBIT OF A 7A1 ACRE TRACT. FOR REZONING PURPOSES ONLY, OUT OF A 9.107 ACRE TRACT DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 2018054782, OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. SCALE 1' - IRR BLOC -KI POGIIWAY — VILLAGE sECTToN 2 LAT7 VOLA, PGS. M&53 MLT 7f.c,T. PtNYI lr •M IIA• Mikis/ SIM a• W4a0ror1ta DR on 512 mow. too mows co 10, RIL t ROLLING AMU NU L V. 11. R. ANA CT AMDa►1OTLd(L KaAwl'I R/• UAT A 1.A IOL..•Po. M 1./MT. ,PAK alga.. PAGE 3OF3 U3T3 LOT 4 McKINZIE ROAD RIGHT OF WAY VARIES I \HIRI- I3-1 • . ROADDIO11 ATTON AIRRy ▪ DDC ND Nm*M•LLDAMLT IOGHWAY VILLAGE SECTION 1. ANNEX LOT 1, BLOCK T SYR. AT, b. 100 M.iLNL:T REMAINDER OF - 9.107 ACRES 71 O NOW 54' I2'E y 4 N08° 59' 26'E r 328.15' (MEAS) 2l8,9S (MEAS) • L0Tf Q 7.411 ACRES 822,833 S.F. SW' 56'18'W 240.26' (MEAS) SOK'54' 12'W 427.5U' (MEAS) 11+ Al .1113 0111 OF 1714 ACRES EUAS LAAO DEV ELDPMEPT. LLC Lac WE 78111104611 O1.LN.CT. O m D HIOHN AY VILLAGE %ELTMIN 1, AMN!A Lot: BURT/ vOL W. PG "' M.R S.C.T Lart BLOCK+ 1.1 =SAO' 54' I1 E 56.61' (MLtS) 141M/LEHU i TT7,PHAsrtOo L2 - NOA' 53' S9'E 13010 (ML' tS) LITTXvol_ to. PG. N1. 174.IL.71.C.T. —WOOD CREEK DRIVE ".—.-1 4U RIGHT OF WAY LOTI LOT I M ii 0 LOT) C 3 LOT g w Jr t ✓ II10C1C 3 MAPLE HILLS f vNIT 1, PHASE ONE VOL 14, PG NI. MERCY L01'3 LOT• LOT s• LOT l2 LOT, LOTS 1.07 1 LOT• BLOCK I — MAPt I. HILLS SUBDIVISION 1'117 7 LOTS VOL •i PG. 137.0LR NCT pO s FOUND SW RE•RAR Q - PROPERTY CORNER 0 = FOUND PK NAIL PREVIOUSLY SET O - FOUND RE.KAR PREV101ALT SET CHARLES DRIVE f0 RIGHT OF WAY Brister Surveying NOTome Pain W+ 0.64 Ulu51 CopeCO 4 Too MI I I OA 3114061/85 tls 01.18/0 AIIoI•w40,044PSt Pa- RPMw M (5'0571 an• IRI.1 MARCH 3.7, 201 MUTTS I.j TOTAL SUR VAIEN ARG 6 T 111 ATRIA 11 MRATBRRD WAR1VG4 ARl INfiD ON 01564E MWTIONt+O IV3T3AI NNUI D 0111111MARIA mei ST ANNAN . •'414'3. snow ±CT MTTM olLow HAYITL'CA? tANIrU OROAN4 'NUICYPO 3.1 A RtR1 AND S0I.NCo LnCXITOM IIF SOLAL PLR ACtOPAPAPACTS TNI1 UMW,. TIPS 1U6VCT 0010 NOT INCLUDE TIIU RMbWl1l INVISISIMTION. OR LOCATIONS OP ALL UNVITtIl1 PAIPMIMt MUM? OP •AHL, ON VI5u1lei 00 ?077 0110/6455 1, 1M44.0 R RASTER DO MOMS C7AT115 TWAT TUN INIRV11 OT TML PAd1RT5 LMI:AILS DRA'AIKp IA RUld t:COMRDCT TO LING IIT 01 N1 EW1 V 11:54.14115 SAU11 1011 NO. 19041911 RONALD P_ URETYX RrLY MU 3.455 1 Page 8 of 8 PLANNING COMMISSION FINAL REPORT Case No. 0519-02 INFOR No. 19ZN1010 Planning Commission Hearing Date: May 1, 2019 Applicant & Legal Description Owner: Rick's Homes, LLC. Applicant: Munoz Engineering, LLC. Location Address: 3030 McKinzie Road Legal Description: Being 1.695 acre tract, for rezoning purposes only, out of a 9.107 acre tract described in a deed recorded in Document No. 2018054782 (Tract 1) and being 7.411 acre tract, for rezoning purposes only, out of a 9.107 acre tract described in a deed recorded in Document No. 2018054782 (Tract 2), located on the east side of McKinzie Road, south of Interstate 37, and north of Leopard Street. Zoning Request From: "RS -6" Single -Family 6 District To: Tract 1: "CN -1" Neighborhood Commercial District Tract 2: "RS -4.5" Single -Family 4.5 District Area: 9.10 acres Purpose of Request: To allow for the construction of a commercial property and single-family homes. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Low Density Residential North "RS -6" Single -Family 6 and "RS -4.5" Single -Family 4.5 Vacant and Low Density Residential Government and Low Density Residential South "RS -6" Single -Family 6 and "CG -2" General Commercial Vacant, Low Density Residential, and Commercial Low, Medium, and High Density Residential, and Commercial East "RS -6" Single -Family 6 Low Density Residential Medium Density Residential West "CG -2" General Commercial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District and the "RS -4.5" Single -Family 4.5 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Map No.: 061049 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 467 feet of street frontage along McKinzie Road which is designated as an "A2" Secondary Arterial Street and approximately 321 feet of street frontage along North Harrington Drive which is designated as a Local/Residential Street. According to the Urban Transportation Plan, "A2" Secondary Arterial Streets can convey a capacity between 20,000 to 32,000 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume McKinzie Road "A2" Secondary Arterial 100' ROW 54' paved 82' ROW 63' paved N/A North Harrington Road Local/Residential28' 50' ROW paved 52' ROW 18' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District and the "RS -4.5" Single -Family 4.5 District to allow for the construction of a commercial property and single-family homes. Development Plan: The subject property is 9.10 acres in size. The owner is proposing a commercial property and single-family homes. Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family 6 District, consists of vacant land, and has remained undeveloped since annexation in 1962. To the north are properties zoned "RS -6" Single -Family 6 District and "RS -4.5" Single -Family 4.5 District. The properties consist of vacant lots and single-family residences (Maple Hills Unit 6, 2014). To the south are a single-family residences (Highway Village, 1948) zoned "RS -6" Single -Family 6 District and commercial properties zoned "CN -1" Neighborhood Commercial District and "CG -2" General Commercial District. The commercial properties consist of physician's offices and a Stripes convenience store. To the east are single-family residences (Maple Hills Unit 3, 2006) zoned "RS -6" Single -Family 6 District. To the west are commercial properties consisting of physician's offices and a retail shopping center. The properties are zoned "CG -2" General Commercial District. 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. Utilities: Water: 12 -inch C900 line located along McKinzie Road. Wastewater: 10 -inch PVC line located along Creek Bottom Drive. Gas: 2 -inch Service Line located along McKinzie Road. Staff Report Page 3 Storm Water: Inlets along McKinzie Road with a 48 -inch Line. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District and the "RS -4.5" Single -Family 4.5 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods (Housing and Neighborhoods Policy Statement 7). • Encourage orderly growth of new residential, commercial, and industrial areas (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). • Promote compact and walkable mixed-use urban villages that concentrate retail and services within walking distance of neighborhood residences and where they could support improved public transportation service, such as expected major bus stations and future stops for bus rapid transit, creating "transit -ready" locations (Future Land Use, Zoning, and Urban Design Policy Statement 2). • Encourage residential infill development on vacant Tots 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). Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • Existing commercial properties to the north, south, and west are zoned "CN -1" Neighborhood Commercial District and "CG -2" General Commercial District. • The subject property is part of the McKinzie Road commercial corridor which consists of commercial zoning up to and including the "CG -2" General Commercial District between Interstate 37 to the north and Leopard Street to the south. Planning Commission and Staff Recommendation (May 1, 2019): Approval of the change of zoning from the "RS -6" Single -Family District to the "CN -1" Neighborhood Commercial District (Tract 1) and "RS -4.5" Single -Family 4.5 District (Tract 2). Staff Report Page 4 Vote Results: For: 5 Opposed: 0 Absent: 1 Abstained: 1 Public Notification Number of Notices Mailed — 52 within 200 -foot notification area 6 outside notification area As of April 26, 2019: In Favor — 1 inside notification area — 1 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 0.60% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0519-02 Rick's Homes, LLC\Council Documents\CC Report_0519-02 Rick's Homes, LLC.docx Staff Report Page 5 4 *ft STONE WALL+BLVD 40 w U <FoA ARO sp NARRINGTO�ytpR RS• � 49 CG -2 400 asini waft awn YI o� STONEWALL BL 111111raimi Itere ,„„41 50 1a HII 6 800 Beef 01 1 re u a 19 Date Created: 4'152019, Prepared Sy: JeremyM Department of Development Servi`L CASE: 0519-02 ZONING & NOTICE AREA R14-1 Multifamily RM -2 Multifamily 2 12111-3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Fang Rural H Historic Overlay BP Business Park L Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single-Family9 R5-4.5 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 5115001 Property O owners mzd0'burrer (0mr 4 owner01 0 in zoo !a ea on Ow en a 00ba(awnennlplable rn vppasih'on City of Corpus `Chris Staff Report Page 6 Persons with disabilities planning tc .end this meeting, who may require spec services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826.3240 Personas con encapacadades gue bonen la intenci6n de asistir a esti Lunta y que requieren servicios especiales se les suolica que den avlso 48 hoe 5 antes de la junta Ilamando al deoartamento de servicios de desarrollo al numero (361) 826-3240. If you wish to address the Commission dunng the meeting and your English is limited. please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present dunng the meeting Si usted desea dirioirse a la commission durante la junta Y su inoles es limitedo. favor de hamar al aeoartamento de servicios de desarrollo al Humero (361) 826-3240 al mends 48 horas antes de la junta para solicitar yn interprets ser presente durante laiunta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0519-02 Rick's Homes, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RS - 6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District (Tract 1) and "RS -4.5" Single -Family 4.5 District (Tract 2), resulting in a change to the Future Land Use Map. The property to be rezoned is desc bed as 3030 McKenzie Lane and being 1.695 acre tract, for rezoning purposes only. out of a 9.107 acre tract described in a deed recorded in Document No. 2018054782 (Tract 1) and being 7.411 acre tract, for rezoning purposes only, out of a 9 .107 acre tract described in a deed recorded in Document No. 2018054782 (Tract 2), located on the east side of McKinzie Road, south of Interstate 37, and north of Leopard Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, May 1. 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public heanng to express your views on this rezoning request For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0 BOX 9277, CORPUS CHRISTI. TEXAS 78469- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE- In accordance with the Planning Commission By•Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or .n psi son, by telephone call or by letter, Printed Name: KOVal1 Address (LKN'l FAVOR REASON anion 4-V Mt, ( ) IN OPPOSITION SEE MAP ON REVERSE SIDE INFOR Case No 19ZN1010 Property Owner ID 25 Sednrei City/State: Phone: (IL Case No 0519-02 Project Manager Andrew Dimas Email andrewd2gPcciesas com Staff Report Page 7 (2-612)�t'I -3h? p 7Yyli ( IN OPPOSITION Phone 1I� REASON 7k.4. &ret! /3 eLt (04/6:0e001,44-3 , i S �-Z Cr (,( 1 A/Lct j �(.kct t /3 tkded aJ uTe 0/ but a//thteht dv"&j ` e c lam+ /c K i' rice Ge brcul a -Core_ K(m }p Oft>trcftee Pei ,iisabilities planning to attend this meeting, who may require special services, are requested to contact the L. aiopment Services Department at least 48 hours in advance at (361) 826-3240 Personas con incaoacdades, que tienen la mtenci0n de asistir a esta junta y clue requieren servicios especiales. se les suplica que den avrso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su ingles es limitado favor de Hamar al departamento de services de desarrplle_al ntimero (361) 825-324Q al menos 48 horas antes de la junta para solicitar Lin interorete ser presente durante la iunta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0519-02 Rick's Homes, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RS - 6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District (Tract 1) and "RS -4.5" Single -Family 4.5 District (Tract 2), resulting in a change to the Future Land Use Map. The property 10 be rezoned is described as 3030 McKinzie Lane and being 1.695 acre tract. for rezoning purposes only. out of a 9.107 acre tract described in a deed recorded in Document No. 2018054782 (Tract 1) and being 7.411 acre tract, for rezoning purposes only, out of a 9 .107 acre tract described in a deed recorded in Document No. 2018054782 (Tract 2), located on the east side of McKinzie Road, south of Interstate 37, and north of Leopard Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, May 1, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m.- in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT. SIGNED BY THE CURRENT PROPERTY OWNERS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal. either at home or office. or in person, by telephone call or by letter. Pnnted Name:U' Ci��f ��Q C-) Nr Clt�f5 //4"t.P , 6 Address: /DS/ 7 t0MT-o/- Drive_ City/State: (6(p,vi ( ) IN FAVOR Signa SEE MAP ON REVERSE SIDE INFOR Case No 19ZN1010 Property Owner ID 26 ao Case No 0519-02 Project Manager Andrew Dimas Email andrewd2gcctexas corn Staff Report Page 8 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240 Personas con incapacdades, hgee tienen la intencien de o aIs antes de la ipnta amandtoral departamento de serrvicios de desarrollso. al Humero (361 ) 826-324Qg avlso 48 If you wish to address the Commission during the meeting and your English is limited. please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present dunng the meeting Si usted desee dirigirse a la commission durante la )unta_y su ingles es llm tado favor de Ilamar_al departamento de servicws de de rs ra olio al numero 1361) 826-3240 a menas 48 horasna fes de a hint ara Iratet un mterprete ser Presne to durante lau! nth CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0519-02 Rick's Homes, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RS - 6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District (Tract 1) and "RS -4.5" Single -Family 4.5 District (Tract 2), resulting in a change to the Future Land Use Map. The property to be rezoned is described as 3030 McKinzie Lane and being 1.695 acre tract, for rezoning purposes only, out of a 9.107 acre tract described in a deed recorded in Document No. 2018054782 (Tract 1) and being 7.411 acre tract, for rezoning purposes only, out of a 9 .107 acre tract described in a deed recorded in Document No. 2018054782 (Tract 2), located on the east side of McKinzie Road, south of Interstate 37, and north of Leopard Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andlor Special Permit. Approval of a change of zoning. if inconsistent with the City's Comprehensive Plan. will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public heanng will be held on Wednesday, May 1, 2019, during one of the Planning Commission':, regular meetings which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street You are invited to attend this public heanng to express your viewS 0n this rezoning request. For more information, please call (361) 826-3240 TO BE ON RECORD. THIS FORM MUST BE FILLED OUT SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT P. 0 BOX 9277. CORPUS CHRISTI. TEXAS 78469- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By -Laws. no discussion o oa shall bth held r dt home or member or ,persobers n ,..i« .••• .pizii.ant , .ippcllant concerning an appy pp by telephone call or by letter - Printed Name. Address r Tulosa-Mom' Wax (tb - L ty!state j� Cj�I1' C/hlYis'b Phone (3(4 lh3^�f+4 06 1 ✓)'IN FAVOR REASON ( ) IN OPPOSITION SEE MAP ON REVERSE SIDE INFOR Case No 19ZN1010 Property Owner ID 0 (;ase No 0519-02 Prolrri Manager. Andrew D!mas Erna!' andrewd2grctexas corn Zoning Case #0519-02 Rick's Homes, LLC. Rezoning for property at 3030 McKinzie Road City Council Presentation June 25, 2019 Aerial Overview ir Subject Property at 3030 McKinzie Road ar 0 icinity flap N At FM 1.61.5 FM 2-0 eo: WP5207 _. g•11jc a -Nvi _r Nfl tr fI,l 16"4 :4. FM 3366 x(c) OpenStreetMap and contiibllto s, iCreative Cammons-Share Alike RLicense (CC -BY -SA) 3 Zoning Pattern aS4 MI5 o 2°12 ©Hol Pubnc� L brain .�. p ummy e60hoo 0 - :.,:,rss G3en4G= 2000 CNnl-11 SMDJC CT ,, O e 'AYlien - PROPERTY 824.5 2 110 C8-2 goo© �! = coq 1165216(52 #' Q0-0 11002 4 Planning Commission and Staff Recommendation Approval of the change of zoning to: Tract 1: "CN -1" Neighborhood Commercial District Tract 2: "RS -4.5" Single -Family 4.5 District Public Notification 52 Notices mailed inside 200' buffer 6 Notices mailed outside 200' buffer Notification Area Opposed: 1 (0.60%) In Favor: 2 T -M ISD In Favor RM -1 �Fo i RO y� nal --prepared :leremyne UDC Requirements SUBJECT PROPERTY Buffer Yards: CN -1 to RS -4.5: Type B: 10' & 10 pts. RS -4.5 to CN -1: Type B: 10' & 10 pts. Setbacks: RS -4.5: Street: 20'; Side/Rear: 5' CN -1: Street: 20'; Side/Rear: 10' Parking: 2 per dwelling (Residential) 1:250 sq. ft. GFA (Retail) Landscaping, Screening, and Lighting Standards. Uses Allowed: Retail, Offices, and Restaurants Utilities aUDJECT Water: 12 -inch C900 A .1 Water Main — Distribution Wastewater: 10 -inch PVC J .WASTEWATER • [.�', WASTEWATER MANHOLE 0— Gas: 2 -inch Service Line • ./ GAS DIST MAIN — call other values> Storm Water: On -street inlets; 48 -inch Line • .fi STDRMWATER -i STORM MANHOLE 8 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting 6/25/2019 Second Reading Ordinance for the City Council Meeting 7/16/2019 DATE: May 16, 2019 TO: Peter Zanoni, City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Ordinance rezoning a property at or near 509 South Carancahua Street CAPTION: Zoning Case No. 0319-04 Advanced Housing Alternatives Corporation (Council District 1) Ordinance rezoning a property at or near 509 South Carancahua Street from the "ON" Neighborhood Office District and the "RM -1" Multifamily 1 District to the "CR -2" Resort Commercial District. Planning Commission and Staff recommended Denial of the requested zoning change and Approval of zoning change to "ON/SP" Neighborhood Office District with a Special Permit. PURPOSE: The purpose of this item is to allow for the construction of a senior living development. BACKGROUND AND FINDINGS: The subject property is 1.06 acres in size. The owner is proposing the construction of a senior living development. ALTERNATIVES: 1. Deny the request of "CR -2" Resort Commercial District. 2. Denial of the change of zoning from the "ON" Neighborhood Office District and "RM -1" Multifamily 1 District to the "CR -2" Resort Commercial District, in lieu thereof, approval of the "ON/SP" Neighborhood Office District with a Special Permit (SP) with conditions. 3. Approval of the request of the "CR -2" Resort Commercial District (3/4 Vote Required). OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Downtown Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CR -2" Resort Commercial District is inconsistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project #: N/A Account: N/A RECOMMENDATION: Planning Commission and Staff Recommendation (May 15, 2019): Denial of the change of zoning from the "ON" Neighborhood Office District and "RM -1" Multifamily 1 District to the "CR -2" Resort Commercial District, in lieu thereof, approval of the "ON/SP" Neighborhood Office District with a Special Permit (SP) with conditions. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0319-04 Advanced Housing Alternatives Corporation: Ordinance rezoning property at or near 509 South Carancahua Street from the "ON" Neighborhood Office District and the "RM -1" Multifamily 1 District to the "ON/SP" Neighborhood Office District with a Special Permit (SP) with conditions WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Advanced Housing Alternatives Corporation ("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 15, 2019, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "ON" Neighborhood Office District and "RM -1" Multifamily 1 District to the "CR -2" Resort Commercial District, in lieu thereof, approval of the "ON/SP" Neighborhood Office District with a Special Permit (SP) with conditions and on Tuesday, June 25, 2019, 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 Advanced Housing Alternatives Corporation ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Lots 8, 9, 10 and the South 40 feet of Lot 7, Block 1, Doddridge, located on the west side of South Carancahua Street, north of Park Avenue, and south of Agnes Street (the "Property"), from "ON" Neighborhood Office District and "RM -1" Multifamily 1 District to the "CR -2" Resort Commercial District, in lieu thereof, approval of the "ON/SP" Neighborhood Office District with a Special Permit (SP) with conditions (Zoning Map No. 045044), as shown in Exhibits "A" and "B". Exhibit A, 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 Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: All uses allowed in the "ON" Neighborhood Office District as defined in Section 4.5.2 of the Unified Development Code (UDC). 2. Density: The maximum density shall be 42 dwelling units per acre. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. 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 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0319-04 Advanced Housing Alternatives Corporation\Council Documents\Ordinance (Special Permit) - Advanced Housing Alternatives Corporation.docx Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 5 Sawa Tams Cowry otNrces Exhibit A 1.0- Acre Tract Metes and Bound: Df criptioo Job `Pular 19C2CC4 Daae: 6 C' ^_C 19 BEING Lots 1. R and the Souk Parry Feer (S 40) cilia 7 all m Bock 1. DODDRIDGE A.7DIT;Os. a subdivision in the Clay of Caps Chian, Nooses Comity. Teas, according no the mac cr plat thereof. recorded in Volume 3. Page 12.143p Racacds. N000as Gaunty. Teas (1i>LN.0 T ). Lot 9R B:oci. 1 1rODDRDGE TRACT. a subdr.:aon in the C.iy of Caps Christi. Nooses Canetti•. Teas. acoardmg x the mac cr plat thereof. recorded a Volume +5 Pap 55, M.1LN.C.T_ Lot 1C. Block 1. DODDRIDGE TRACT. a stbdr.slion is the City of Corr: Christi Nuaca: County. Tem according to the map or pts thereof recorded = Vohan 34. Paso 139. MRN C T.. and baa= rare Fact-ularly descrbod try meta: and bounds as follows BEC; NE* G at a poor (Y= 17.176,75S 93'. 5: = 1.340.68?.31') ire 5 S -inch son rod with cap :tamped "FI O= 10CC900" set ma-kingthe :atrhea:t ;cant of said Lot IC. being th g cis west :the of S. Crui ssiah Sumo a 5 wide de rials -of -way . THENCE Sough 80'2608• West a distance 01 277.27 feet to z fame corner found at the southwest comer cf aforesaid Lot 9, being on the gait 1=e of S Tanacahua Street :13 CC -fact wide :arc-cf-air•). THENCE North 0:'0_ 55' West along :aid wait lino a distance of 159 91 feet to a 5 S -=ch iron rod found THENCE Nora 80'2642' Fa:_ over rad azo:: afcca:zi L.ct -, a distmco of 137.13 hex to a 5 S -inch ace rod found cn the cowmen line of said Lot 7 and Lot 2 afro::;d Blade 1: THENCE South 01'5648' East atcasg said ccamoon :the. a distuce cf 39 9 feet to a 5 S -inch sonrod fo=nd =axing _ the can=non coma of Lots 1.2.7 and S. said Bloch 1. THENCE North 80.2534" Past along the ccmcn:ms of :aid Lots 1 and 2. a distance of 137.82 feet to a 5 S -arc's. zoo. rad found narking_ the common east cocaar cf said Lots : and 2. ba=s on the afsasid west line cf Carancahoa Strut: THENCE Stich 0:'40'47' Fast along said wee hie. a dismince cf 1+9 'S feet to the POUT OF BEGLNNZNG and containing 1 0' aces (46434 square kat) of Land C.tiocdinxe: and :+at_-mgs se basad anN,4.DS3 (2011). Teas Soso Zana. �Il d:: anus sot 1. S Sumey Fax Prepared 5"- F ctat er Strtariaa Cc=pany 71C Buffalo Street Stile 700 Corpus Christi. TX 78401 Teta: Ft= RegisuahonNo. 10052900 Itsguirst Animals' Lod &row Atka W W . RP Lis. Na. Sal Page 4 of 5 Exhibit B oM°bl6lO i6Lt tr i P E 2 It w q i v a Z ii 'gi • PP 41: ag sl y@ i1' n za m w (1 11 r,so 13 it 2! �a e :4 A3 8 s S TANACAHUA STREET (60 R.o.w.) N 0102'55• W 189.91 00 9m 0 0 2'5 BUILDING LINE (PER PLAT) 11 r 0 s 01'5848' E 319.79' Z S o•"4:'47' E 149.18' b S CARANCAHUA STREET jT 160 R -0-W.) 1,4 Page 5 of 5 Zoning Case No. 0319-04 Advanced Housing Alternatives Corporation: Ordinance rezoning property at or near 509 South Carancahua Street from the "ON" Neighborhood Office District and the "RM -1" Multifamily 1 District to the "CR -2" Resort Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Advanced Housing Alternatives Corporation ("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 15, 2019, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "ON" Neighborhood Office District and "RM -1" Multifamily 1 District to the "CR -2" Resort Commercial District, in lieu thereof, approval of the "ON/SP" Neighborhood Office District with a Special Permit (SP) with conditions and on Tuesday, June 25, 2019, 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 Advanced Housing Alternatives Corporation ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Lots 8, 9, 10 and the South 40 feet of Lot 7, Block 1, Doddridge, located on the west side of South Carancahua Street, north of Park Avenue, and south of Agnes Street (the "Property"), from "ON" Neighborhood Office District and "RM -1" Multifamily 1 District to the "CR -2" Resort Commercial District (Zoning Map No. 045044), as shown in Exhibits "A" and "B". Exhibit A, 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. K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0319-04 Advanced Housing Alternatives Corporation\Council Documents\Ordinance (CR2) - Advanced Housing Alternatives Corporation.docx Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 5 Smit of Taws County of Nantes Exhibit A 1.07 Acre Tract Mete: and Bound: De:cription :ob NurJa i;C2CC4 Data: 6 CS 2C19 firm Lots 1. 8. and the Solea Forty Feat (S 40) of Lit'. all m Block 1. DCODRIDGE +IDDI f ON. a subdr :Mom in the City of Capus Christi Noses Canty. Teas. according to the mac a plat dared. roccaled is V'ohame 3. Pap 12. Map "mods, Maass County, Tates (\L I -N.0 T ). Lot 9R B:xk 1 DODDR.IDGZ TRACT. a subd:..Mcm a tha Qty of Capes Christi Nuacas Cain. Teat according tc the mac cc plat thereof. recorded in V'ohu=o 46 ?me 55. MIN_C_T_ Lot 10. Block 1. DODDRIDC-E TRACT. a snbdrzsion is the Ciry of Corp.: Grine tiuece: County. Tata. according to the amp cc pint thereof recorded m Vohame 34. Pap 139. MIN. C T . and b.. ;mg rxra ca ticdarly de:.:bed by meta: and boun& as follows BEGINNING to a pc= = 17.176.75S 95.3: =1.343.657 31 at 5 S-mns tan rod pith cat stamped "FRONTIER. 100900" set masking the :asrhaast :,xnsc cf ad Lot IC. being ca tta wast:the of S Ca--aaahut Street .,a 60 -foot yids has-of-way:I. THENCE South 80'2606' Wast a distance of 277.27 feat :o a fancy cava found at the :outhara:t comer cf alcremid Lot 9. bang cut rite aa:t Ime of S Tanacahua Street (a 6C-fect wide -0-cf-anti ): THENCE ticrth 3:•3255 Wast along :std welt line a d itan:e of 139.91 ion tc a ` S-tnch iron rod found THENCE ticr..h 81'26:2• =a:_ over and ago.: aixe:zd Lct ?. a di.-tamc, of 137.13 feet to a 5 S-inch:son rod found xi 1 common line cf mad Lct 7 and Lct : afre:sd 311:his 1: THENCE Stitch 0:' 55=6" Ea: acts :god carom line. a ,:twat cf 39 -9 fast to a 5 S -itch tan rod found rmr;_.: coalmen career of :.got; 1 2. 7 and 8. aid Block 1. THENCE ticah 80'2534' Ea:- aces the ctm:,cn line of said Lots 1 and :. a di.• tante of 137.82 fee to a 5.8 -inch _cu r_•9 found marking the common aa.t .ccnec cf said Lots 1 and 2. bums on the afr.:aid trust hne of S C gran alma Street: THENCE Satoh 01'404T Eat. gong sad tweet lino. a distance of 149 'S feat tc the POLNT OF BFGINNZNG and ccntainiag 10' saes (4.6434 square feet) of land. C o -:clan:. and b.33:23 411 aro based on ` ADS3 :.011 L Tans Soo* Zan. 4II d::mac: aro L' S Stn-va.: Fax Maid . ?reparad Br Futter Sint:•mg Company 71C Buffalo Street Sit''X Carpus Christ. TX 7840: Tams Firm Eeaisuabon tic. 1CC82900 R¢s 4 RaUmsM Lind d tinge MaoW Ksour,RPLtMaS427 Page 4 of 5 Exhibit B b 0 5 TANAC.!WUA STREET (80' R.O.W.) N 01'0Z55' W 189,91' S 01 `58'48' E 39.79' 03 Tr a a a s 0. d a 4,i $ o L R 19,2 �- 0,a,r 0 1,— ai e . Z a i ga- m a vi 0 g. 9196 y§ A sl i R • • zoA =3 s (I m a (A �9 w 8 F= t.Y/Se i Ca ,aw.b1610L6l Z i zi9 .n , m m ! 1 -( Z 0 to is s01°40'4rE 149.'' 8 b s CARANCAHUA STREET Tl (eo' R_o.w.) b } • 1101 Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0319-04 INFOR No. 19ZN1004 Planning Commission Hearing Date: May 15, 2019 Applicant & Legal Description Owner: Advanced Housing Alternatives Corporation Applicant: Advanced Housing Alternatives Corporation Location Address: 509 South Carancahua Street Legal Description: Lots 8, 9, 10 and the South 40 feet of Lot 7, Block 1, Doddridge, located on the west side of South Carancahua Street, north of Park Avenue, and south of Agnes Street. Zoning Request From: "ON" Neighborhood Office District and "RM -1" Multifamily 1 District To: "CR -2" Resort Commercial District Area: 1.06 acres Purpose of Request: To allow for the construction of a senior living development. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "ON" Neighborhood Office and "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential North "ON" Neighborhood Office Medium Density Residential Medium Density Residential South "ON" Neighborhood Office and "RM -3" Multifamily 3 Medium Density Residential Medium Density Residential EastRM-3" "RM -1" Multifamily 1 and Multifamily 3 Public/Semi-Public Medium Density Residential West "RM -1" Multifamily 1 Park Permanent Open Space ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Downtown Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CR -2" Resort Commercial District is inconsistent with the adopted Comprehensive Plan (Plan CC). Map No.: 045044 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 149 feet of street frontage along South Carancahua Street which is designated as an "C1" Minor Collector Street and approximately 189 feet of street frontage along South Tancahua Street which is also designated as a "01" Minor Collector Street. According to the Urban Transportation Plan, "C1" Minor Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Carancahua Street "01" Minor Collector 60' ROW 40' paved 64' ROW 40' paved ADT (2008) Tancahua Street "C1" Minor Collector 60' ROW 40' paved 60' ROW 40' paved ADT (2012) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "ON" Neighborhood Office District and "RM -1" Multifamily 1 District to the "CR -2" Resort Commercial District to allow for the construction of a senior living development. Development Plan: The subject property is 1.09 acres in size. The owner is proposing to demolish the existing 35 units and re -develop a 42 unit, four-story senior multifamily project. The existing zoning district only permits 37 dwelling units per acre while the "CR - 2" Resort Commercial District would allow for up to 44 dwelling units per acre. Multiple public transportation stops are also located within in a short walking distance of the subject property. Existing Land Uses & Zoning: The subject property is currently zoned "ON" Neighborhood Office District and "RM -1" Multifamily 1 District. The subject property consists of an existing 35 unit apartment complex and is located within the original City limits founded in 1852. The subject property was originally zoned "RM -1" (formerly known as "A-1") Multifamily 1 District. The rezoning to the "ON" Neighborhood Office District occurred in the mid-1970s. To the north are properties zoned "ON" Neighborhood Office District and consists of a multifamily development. To the south is a multifamily residence and a law office zoned "ON" Neighborhood Office District. To the east is the First Presbyterian Church of Corpus Christi zoned "RM -1" Multifamily 1 District. To the west is South Bluff Park zoned "RM -1" Multifamily 1 District and an office building zoned "ON" Neighborhood Office District. 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. Utilities: Water: 8 -inch CIP line located along South Carancahua Street. Wastewater: 8 -inch VCP line located along South Carancahua Street. Gas: 2 -inch Service Line located along South Carancahua Street. Storm Water: 15 -inch VCP line located along South Carancahua Street. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Downtown Area Development Plan and is planned for medium Staff Report Page 3 density residential uses. The proposed rezoning to the "CR -2" Resort Commercial District is inconsistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (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 direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is incompatible with neighboring properties. The proposed use (senior living complex) does not have a negative impact upon the surrounding neighborhood. • Existing multifamily residential properties to the north and south are zoned "ON" Neighborhood Office District. • The "CR -2" Commercial Resort District is designed to provide for a wide variety of commercial activity such as tourist, water -oriented, retail commercial and indoor or outdoor amusement uses which reflect the character of a resort area. The "CR -2" District is not designed for the area in which the subject property is located as the area primarily consists of multifamily, office, and church/school uses. The subject property is not located in a tourist area. • The "CR -2" Commercial Resort District opens the possibility of more intense commercial uses such as Mini -Storage, Vehicle Sales/Service, Bars, and Nightclubs adjacent to residential uses. • The "ON" Neighborhood Office District allows a maximum density of 37 dwelling units per acre. However, the "CR -2" Resort Commercial District allows a maximum density of up to 44 dwelling units per acre. • Regional Transportation Authority (RTA) routes 6, 19, and 23 run along both South Carancahua Street and South Tancahua Street. RTA stops are located just to the north and south of the subject property. Planning Commission and Staff Recommendation (May 15, 2019): Denial of the change of zoning from the "ON" Neighborhood Office District and "RM -1" Multifamily 1 District to the "CR -2" Resort Commercial District, in lieu thereof, approval of the "ON/SP" Neighborhood Office District with a Special Permit (SP) with the following conditions. 1. Uses: All uses allowed in the "ON" Neighborhood Office District as defined in Section 4.5.2 of the Unified Development Code (UDC). Staff Report Page 4 2. Density: The maximum density shall be 42 dwelling units per acre. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 Public Notification Number of Notices Mailed — 23 within 200 -foot notification area 5 outside notification area As of May 10, 2019: 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: A. Location Map (Existing Zoning & Notice Area) B. Proposed Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0319-04 Advanced Housing Alternatives Corporation\Council Documents\Report - Advanced Housing Alternatives Corporation.docx Staff Report Page 5 BORN S1 Cr B4ZOAL} AY RM - } SO al 0 C410I1 NI ..2a1 Napa= Hy: 5711.: LapalmNnr • rDWadOpnwnr&mloBS a I CASE: 0319-04 ZONING & NOTICE AREA ;1-1 11uin.1101 241.2 fuifailb 2 P al -1 fulfanlgi Of Prone manna Olio. P N -AT laullfailly AT Cf -1 I4•10EOrlpad Cann. rail O 01-£ 1NI4RRorh2OO Como. rolal CR -1 Pawl Conn,ralal CR -2 R. wA Cammarolal CO -1 O.nand Cann, Tar 0000r al Conn. r W04•1.4101a1 n Yn . Wwnlown Conn.rolal Re rail CammaraLi Farm Rural H11121120 M. r1,y B uck..cPark JL Lift Indmilli .1 11.avy n4u.Wa RIR Finnan Rnlr R.x Overlay R0-10 ln0lo-Fa101 10 RSA 18010 -Fanny 0 Ri4_4 1nOla-Fanny 46 Ri-TF Two-Fany Ri-1d 08410-Faiy 14 RE R. Wan SIE clad. R1 TH Townhnu• 11* 1.2.14 P.rnn RV filnaloml Vehk la Park PJIi1 Ranurwlur.e Homo 293 hllall-lr hA•vv 4 O.0ars,1/222DP 1R2. on X Ovnen .2ncY.1 ayneA{ Able 11 tFyna..n Corpus Christi B.: SUBJECT PROPERTY ILOCATION MAP PARKING CALCULATIONS: 30 1/1 UNITS 1 1.S PER UNIT - 4S 12 2/2 UNITS • 2 PER UNIT - 24 GUEST PARKING - 42 UVITS/S - 8 TOTAL PARKING REQUIRED 77 TOTAL PARCINL PROVIDED St HC PARKING REQUIRED 6 HC PARKING PROVICCD 6 VAN ACCESSIBLE SPACES Staff Report Page 6 BUILDING MATROC UNIT MATRIX TYPE t STORMS R/TYPE UNITS TY'!E I2/1A 8 NRA 1 1 4 30 A. 12 8 A 111 30 6S6 SQ. FT. A -HC 1/1 2 666 SQ. FT. 8 7/7 34 886 SQ. FT. •-FIC 212 1 911 S0. FT. RR BUN DING TYPE 1 (42 UNITS) CRPEA AMENITIES SATISFY THE C T PROVIDING RFQUIRRIF�OF THF 2019 r� ��11 A A B S -HC III 111 r rele4.1 1.1 TRASH Iti/ NDA AVANT1 LEGACY AT SOUTH BLUFF Ttl6g2rIAFEE LIES WITHIN ALL SIDEWALKS AND ACCESS AISLES ARE PART OF THE ACCESSIBLE ROJTE AND MUST COMNY WITH -HF RFQUIRFMFM-S OF THE 201 C ADA El SITE PLAN - 1.07 ACRES SCALE: 1 02/191 Staff Report Page 7 Persons with disabilities planning to attend this meeting, who may require special services, are requested to comaet the Development Services Department at least 48 hours in advance at (361) 826-3240 Persons Con mcapacidades, que tienen la intenci n de asishr a este junta y que requieren servicios especiales se les suelica ase den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo. al numero (361} 826-3240. If you wish to address the Commission during the meeting and your Englisn limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desee dirigirse a la commission durante la junta Y su angles es limitedo, favor de Hamar al S)epartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-04 Advanced Housing Alternatives Corporation has petitioned the City of Corpus Christi to consider a change of zoning from the "ON" Neighborhood Office District and the "RM -1" Multifamily 1 District !u the "CR -2" Resort Commercial District, resulting in a change to the Future Land Use Map. The property to he rezoned is descr bed as 509 South Carancahua Street and described as Lots 8, 9, 10 and the South 40 feet of Lot 7, Block 1, Doddridge, located on the west side of South Carancahua Street, north of Park Avenue, and south of Agnes Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andfor Special Permit. Approval of a change of zoning, if inconsistent with the City s Comprehensive Plan. will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, May 15, 2019. during one of the Planning Commission s regular meetings. which begins at 5:30 p.m.; in the City Council Chambers, 1201 Leopard Street You are invited to attend this public hearing to express your views on this rezoning request For more information. please call (361) 826-3240. TO BE ON RECORD. THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0 BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD 9OTE: In accordance with the Planning Commission By -Laws, nu discussion shall be held by a 'nember or members of this Commission with an applicant or appellant concerning an application or appeal. either at home or office, or in person, by telephone call or by letter. Printer! Name 5 oL. Address 51/co. Oki2-090)a,Vek.4 1-3orra. 4, Cie. ititrkS te3 MA- (4444 IN FAVOR REASON City.lState C.CV2ot.t �/A sr. I TY ( j IN OPPOSITION Phone 3�(-563 - ( 76? Signature SEE MAP ON RFVERSE SIDE IVJFOR Case No 19ZN1004 Froperty Owner ID 2 Case NO 0319-04 Project Manager Andrew Dimas Email andrewd2gcctexas corn Zoning Case #0319-04 Advanced Housing Alternatives Corporation Rezoning for a Property at 509 South Carancahua Street City Council Presentation June 25, 2019 Aerial Overview Subject Property at 509 South Carancahua Street gRoADWAY C Vicinity Map N n:x.1r.-xn • . INI1h, rental .E•i:e • 4 ,p OpenSreatlylapanti contributors , CreatiukCom mors Sfiare Al ke Li cense NC -BY -SA) 3 Zoning Pattern CO - 0 '16611 1 1 eavo 1163 �JVL� X10477 al ARM N 1647 ag& eau8EA, 6477 IF 1414 RNA 647 0�1 11064 o MA � M deU 0 DD SUBJECT PROO PC = 110011 g 641 CH `d673 11g0e G3MG -1 '11 paw pd@nu aa' 4 Planning Commission and Staff Recommendation Denial of the "CR -2" Resort Commercial District in lieu thereof Approval of the "ON/SP" Neighborhood Office District with a Special Permit (SP). Special Permit Conditions 1. Uses: All uses allowed in the "ON" Neighborhood Office District as defined in Section 4.5.2 of the Unified Development Code (UDC). 2. Density: The maximum density shall be 42 dwelling units per acre. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Site Plan 111111414G CJILOULA710115: 301 /1 ILNIIS • LS PER UNIT - ♦S 12 2/2 HNI TS • 2 PFR UIQT - 24 GUEST PARKING - 47 UMTS/5 - $ TOTAL PAR(INC REE`.UI[EO 77 TOTAL PARI I NL PROVIDED S2 HC P &(NC REQUIRED 6 HC MAKING PRONOEO 6 VAN ACCESSIFLL was 1 SIAM 111.111120 4C HAM: 1JIR MA1R1C TYPE 0 STORM 4/TrTE1MR1S TYR 111141 s NPA 1 1 4 301. 12 1 A 1 /1 30 5S1 SQ. FT. A -1C 1 /1 2 OK SSQ.1. FT. FIC 2/2 1 11111 SQ. FT. _1 AMENITIES - OWNER MENTHES SATISFY1 ftD� FQOIRAIIFVTS or THE 2019 dea 6 66 6 r (ACCESS' 71 414411-4,-0 - 4 114 L WILDING TYPE 1 142 UNITS) Ttis D0NE C LIES MOON ALL SIDEWALKS AND ACCESS AISLES ARE PART OF THE ACCESSI1LI ROUII AND MIST COlot Y INTN TNF R10p11MNR OF THE 2010 AGA NDA AVANT1 LEGACY AT SOUTH BLUFF 02114 El SITE PLAN - 1.07 ACRES SCALE: 1 60' 7 Public Notification 23 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 it QSI -�H-a „3._______V Age....7. _...„,, .migrowi .viwgirml rill1011001.......-0 ils i ri ovii OH �� PA ' K,AV. ,....mpritri RM-} Iso BORN ST SUBJECT PROPERTY RM-} Praparatl .NH myarmanr roavaipmaJrsan x+da 8 UDC Requirements Buffer Yards: N/A Setbacks: Street: 20 feet Side & Rear: 10 feet Parking: 1 BR — 1.5 spaces/unit 2 BR — 2 spaces/unit 1 space/ 5 units — Visitors Landscaping, Screening, and Lighting Standards. Uses Allowed: Mini -Storage, Vehicle Sales/Service, Bars, and Nightclubs Utilities Water: 8 -inch CIP A J Water Main — Distribution Wastewater: 8 -inch VCP • ❑J WASTEWATER • © WASTEW R MANHOLE P Gas: 2 -inch Service Line • ./ GAS DIST MAIN -- <all other values> Storm Water: On -street inlets • f STOPMYIATER • w! STORM MANHOLE AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting 6/25/2019 Second Reading Ordinance for the City Council Meeting 7/16/2019 DATE: May 16, 2019 TO: Peter Zanoni, City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 2502 and 2506 Johanna Street CAPTION: Zoning Case No. 0519-04 Blairtown Energy Center, LLC. (Council District 3): Ordinance rezoning property at or near 2502 and 2506 Johanna Street from the "ON" Neighborhood Office District to the "CG -2" General Commercial District. Planning Commission and Staff recommend Denial of the requested change and approval of the zoning change to the "ON/SP" Neighborhood Office District with a Special Permit. PURPOSE: The purpose of this item is to allow for the construction of an auto repair facility. BACKGROUND AND FINDINGS: The subject property is 0.459 acres in size. ALTERNATIVES: 1. Deny the request of "CG -2" General Commercial District. 2. Approve the request of the "CG -2" General Commercial District (Requires 3/4 Vote) 3. Denial of the change of zoning from the "ON" Neighborhood Office District and "RM -1" Multifamily 1 District to the "CR -2" Resort Commercial District, in lieu thereof, approval of the "ON/SP" Neighborhood Office District with a Special Permit (SP) with conditions. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: o Operating o Revenue Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project #: N/A Account: N/A RECOMMENDATION: Planning Commission and Staff Recommendation (May 15, 2019): Denial of the change of zoning from the "ON" Neighborhood Office District to the "CG -2" General Commercial District, in lieu thereof, approval of the "ON/SP" Neighborhood Office District with a Special Permit (SP) with conditions. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0519-04 Blairtown Energy Center, LLC: Ordinance rezoning property at or near 2502 and 2506 Johanna Street from the "ON" Neighborhood Office District to the "ON/SP" Neighborhood Office District with a Special Permit (SP) with conditions WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Blairtown Energy Center, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, May 15, 2019, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "ON" Neighborhood Office District to the "CG -2" General Commercial District, in lieu thereof, approval of the "ON/SP" Neighborhood Office District with a Special Permit (SP) with conditions and on Tuesday, June 25, 2019, 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 Blairtown Energy Center, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Lot 42A and 42B, Block 1, Lexington Subdivision, located at the north side of Johanna Street, east of Ayers Street, and west of Richter Street (the "Property"), from the "ON" Neighborhood Office District to the "ON/SP" Neighborhood Office District with a Special Permit (SP) with conditions (Zoning Map No. 047038), 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 Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Service, Limited" as defined by the Unified Development Code (UDC). 2. Hours of Operation: The hours of operation shall be daily from 8:00 AM to 6:00 PM. 3. Buffer Yard: A Type C Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC) shall be required where the subject property shares a property line with a residential zoning district and/or residential use. 4. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Indoor Work: All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. 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 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0519-04 Blairtown Energy Center, LLC\Council Documents\Ordinance (Special Permit) - Blairtown Energy Center, LLC.docx Page 2 of 4 Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter ______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter ______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 Exhibit A Zoning Case No. 0519-04 Blairtown Energy Center, LLC: Ordinance rezoning property at or near 2502 and 2506 Johanna Street from the “ON” Neighborhood Office District to the “CG-2” General Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Blairtown Energy Center, LLC. (“Owner”), for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, May 15, 2019, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the “ON” Neighborhood Office District to the “CG-2” General Commercial District, in lieu thereof, approval of the “ON/SP” Neighborhood Office District with a Special Permit (SP) with conditions and on Tuesday, June 25, 2019, 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 Blairtown Energy Center, LLC. (“Owner”), the Unified Development Code (“UDC”) of the City of Corpus Christi, Texas (“City”), is amended by changing the zoning on a property described as Lot 42A and 42B, Block 1, Lexington Subdivision, located at the north side of Johanna Street, east of Ayers Street, and west of Richter Street (the “Property”), from the “ON” Neighborhood Office District to the “CG-2” General Commercial District (Zoning Map No. 047038), 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. Page 2 of 4 SECTION 6. Publication shall be made in the City’s official publication as required by the City’s Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0519-04 Blairtown Energy Center, LLC\Council Documents\Ordinance (CG2) - Blairtown Energy Center, LLC.docx Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter ______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter ______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 Exhibit A PLANNING COMMISSION FINAL REPORT Case No.0519-04 INFOR No. 19ZN1012 Planning Commission Hearing Date: May 15, 2019 Applicant& Legal DescriptionOwner: Blairtown Energy Center, LLC. Applicant:Saldana Consulting Location Address:2502 and 2506 Johanna Street Legal Description:Lot 42A and 42B, Block 1, Lexington Subdivision, located at the north side of Johanna Street, east of Ayers Street, and west of Richter Street.Zoning RequestFrom: “ON” Neighborhood Office District To:“CG-2” General Commercial District Area: 0.459 acres Purpose of Request: To allow for the construction of an auto repair facility.Existing Zoning and Land UsesExisting Zoning District Existing Land Use Future Land Use Site “ON” Neighborhood Office Vacant Commercial North “CG-2” General Commercial Commercial Commercial South “RS-6” Single-Family 6 Vacant and Low Density Residential Commercial and Low Density Residential East “RS-6” Single-Family 6 Vacant Commercial West “CG-2” General Commercial Commercial Commercial ADP, Map & ViolationsArea Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the “CG-2” General Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 047038 Zoning Violations: None TransportationTransportation and Circulation: The subject property has approximately 100 feet of street frontage along Johanna Street which is designated as a Local / Residential Street. According to the Urban Transportation Plan, a Local / Residential Street can convey a capacity between 500 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W.Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Johanna Street Local/Residential 50’ ROW 28’ paved 50’ ROW 28’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “ON” Neighborhood Office District to the “CG-2” General Commercial District to allow for the construction of an auto repair facility. Development Plan: The subject property is 0.459 acres in size. The owner is proposing an auto repair facility. Existing Land Uses & Zoning: The subject property is currently zoned “CG-2” General Commercial District, consists of vacant land, annexed in 1950, and formerly had two small single-family homes that were demolished in the late 1990s. The subject property was originally zoned “RS-6” Single-Family 6 District, formerly know as the “R-1B” One- Family Dwelling District. In 1999, an application was submitted to rezone the property to the “CG-2” General Commercial District, formerly known as the “B-4” General Business District. The rezoning was denied by the City Council and in lieu, approved as the “ON” Neighborhood Office District, formerly known as the “AB” Professional Office District. To the north is a property zoned “CG-2” General Commercial District and consists of a small retail shopping center. To the south are a single-family residences (Lexington, 1946) and zoned “RS-6” Single-Family 6 District. To the east are vacant single-family residential lots (Lexington, 1946) and zoned “RS-6” Single-Family 6 District. To the west is a property zoned “CG-2” General Commercial District and consists of a modular building business with outdoor display and storage. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water:6-inch CIP line located western property line. Wastewater:8-inch VCP line located along the rear property line. Gas:2-inch Service Line located along the rear property line. Storm Water:Inlets along Johanna Street. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for Light Industrial uses. The proposed rezoning to the “CG-2” General Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: Staff Report Page 3 Encourage orderly growth of new residential, commercial, and industrial areas (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). Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). New high-intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low-intensity residential areas. (Southside ADP, Policy Statement B.7). Department Comments: The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is generally compatible with neighboring properties. However, the proposed use may have a negative impact upon the surrounding neighborhood due to noise and traffic. Existing commercial properties to the north and west are zoned “CG-2” General Commercial District. However, properties to the south and east are zoned “RS-6” Single-Family 6 District In 1999, an application was submitted to rezone the property to the “CG-2” General Commercial District, formerly known as the “B-4” General Business District. The rezoning was denied by the City Council and in lieu, approved as the “ON” Neighborhood Office District, formerly known as the “AB” Professional Office District. The “CG-2” District opens the possibility of more intense commercial uses such as Mini-Storage, Bars, and Night Clubs adjacent to single-family residences. All uses will be subject to the City’s noise ordinance to prevent a nuisance from occurring. The applicant is requesting to construct an auto repair shop. The proposed vehicle repair is defined by the Unified Development Code (UDC) as “Vehicle Service, Limited.” The Unified Development Code (UDC) defines vehicle services as: Vehicle Service, Limited: Minor repair or replacement of parts, tires, tubes, or batteries, diagnostic services; minor motor services such as grease, oil, spark plug, or filter changing; tune-ups; emergency road services; replacement of starters, alternators, hoses, belts, and points; brake or muffler repair, wheel alignment, automobile washing, automobile upholstery, window-tinting, state inspections and associated minor repairs; routine servicing of air-conditioning systems, or other similar minor repair services. Minor repairs do not include uses listed under “vehicle service, heavy.” Vehicle Service, Heavy: General repair or overhaul of engines, air-conditioning systems, transmissions, or radiators for motor vehicles; Repair of bodies, frames, or Staff Report Page 4 fenders, painting, undercoating, or rust-proofing; repair of heavy load vehicles such as, tractor trailers, commercial dump trucks, or transit vehicles; customizing; vehicle steam cleaning; and other similar uses. Major repairs do not include uses listed under “vehicle service, limited.” Planning Commission and Staff Recommendation (May 15, 2019): Denial of the change of zoning from the “ON” Neighborhood Office District to the “CG-2” General Commercial District, in lieu thereof, approval of the “ON/SP” Neighborhood Office District with a Special Permit (SP) with the following conditions. 1. Uses:The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is “Vehicle Service, Limited” as defined by the Unified Development Code (UDC). 2. Hours of Operation:The hours of operation shall be daily from 8:00 AM to 6:00 PM. 3. Buffer Yard:A Type C Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC) shall be required where the subject property shares a property line with a residential zoning district and/or residential use. 4. Noise:Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 5. Lighting:All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Indoor Work:All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 7. Other Requirements:The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit:In accordance with the UDC, this Special Permit shall be deemed to have expired within twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained:0 Staff Report Page 5 Public NotificationNumber of Notices Mailed – 14 within 200-foot notification area 5 outside notification area As of May 10, 2019: 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: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0519-04 Blairtown Energy Center, LLC\Council Documents\Report - Blairtown Energy Center, LLC.docx Staff Report Page 6 Staff Report Page 7 City Council Presentation June 25, 2019 Zoning Case #0519-04 Blairtown Energy Center, LLC. Rezoning for a Property at 2502 and 2506 Johanna Street 2 Aerial Overview Subject Property at 2502 and 2506 Johanna Street 3 N 4.62 Acre Remainder 4 Zoning Pattern 5 Planning Commission and Staff Recommendation Denial of the “CG-2” General Commercial District in lieu thereof Approval of the “ON/SP” Neighborhood Office District with a Special Permit (SP). 6 Special Permit Conditions 1.Uses:The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is “Vehicle Service, Limited” as defined by the Unified Development Code (UDC). 2.Hours of Operation:The hours of operation shall be daily from 8:00 AM to 6:00 PM. 3.Buffer Yard:A Type C Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC) shall be required where the subject property shares a property line with a residential zoning district and/or residential use. 4.Noise:Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 5.Lighting:All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. 7 Special Permit Conditions 6.Indoor Work:All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 7.Other Requirements:The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8.Time Limit:In accordance with the UDC, this Special Permit shall be deemed to have expired within twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 8 Public Notification 14 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 9 UDC Requirements Buffer Yards: CG-2 to RS-6: Type C: 15’ & 15 pts. Setbacks: Street: 20 feet Parking: 5 per bay or 1:250 sq. ft. GFA Landscaping, Screening, and Lighting Standards Uses Allowed: Retail, Office, Indoor Recreation, Bars, Vehicle Sales, Self-Storage, Car Washes, and Multifamily Uses. 10 Utilities Water: 6-inch CIP Wastewater: 8-inch VCP Gas: 2-inch Service Line Storm Water: On-street inlets Project No. : N/A 1 SM/LH Legistar No.: 19-0809 Rev. 1, 05-31-19 DATE:May 30, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager FROM:Sarah F. Munoz., P.E., Interim Assistant Director of Street Operations SarahM3@cctexas.com 361-826-3433 STAFF PRESENTER(S): Name Title/Position Department 1.Sarah F. Munoz, P.E.Interim Assistant Director Street Operations OUTSIDE PRESENTER(S): Name Title/Position Organization 1.John Palmer Deputy Project Manager Flatiron/Dragados 2.Lorette Williams Public Information Coordinator Flatiron/Dragados BACKGROUND: This is the 2019 Second Quarter Update to City Council on the Harbor Bridge Replacement Project. LIST OF SUPPORTING DOCUMENTS: None QUARTERLY UPDATE TO CITY COUNCIL Harbor Bridge Replacement Project AGENDA MEMORANDUM for the City Council Meeting of 06/25/2019 Project No. : N/A 2 SM/LH Legistar No.: 19-0809 Rev. 1, 05-31-19 AGENDA MEMORANDUM for the City Council Meeting of June 25, 2019 DATE:June 10, 2019 TO:Peter Zanoni, City Manager FROM:Paulette Kluge, CEO, Convention & Visitor’s Bureau PKluge@visitcorpuschristitx.org 361-881-1877 UPDATE TO CITY COUNCIL Short Term Rentals OUTSIDE PRESENTER(S): Name Title/Position Organization 1.Justin R. Bragiel General Counsel Texas Hotel & Lodging Association 2.Paulette Kluge CEO Corpus Christi Convention & Visitor’s Bureau BACKGROUND: At the January 16, 2018 City Council meeting, the Council heard item 18-0020 to rezone a property to allow for the operations of a bed and breakfast home. The applicant was running a business through Airbnb, a worldwide hospitality service that offers homestay lodging and tourism experiences. While the motion was denied, the following topics were discussed: whether the applicant and other Airbnb homes operating in the City are paying hotel occupancy taxes (HOT);exploring options to address bed and breakfast type businesses operating in the City; researching how other cities are addressing this issue and reaching out to state legislatures for support. The Convention and Visitor’s Bureau (CVB) received direction from the Mayor and the Assistant City Manager to create a task force to assist in answering questions posed. The CVB put together a task force and presented the results to City Council on November 27, 2018. Today’s presentation is a follow-up to the November presentation. LIST OF SUPPORTING DOCUMENTS: Power Point City Council Presentation June 25, 2019 Short Term Rentals DATE:May 23, 2019 TO:Peter Zanoni, City Manager FROM:Nina Nixon-Mendez, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 STAFF PRESENTER(S): Name Title/Position Department 1. Nina Nixon-Mendez, FAICP Director Development Services OUTSIDE PRESENTER(S): Name Title/Position Organization 1.Bret Keast, AICP CEO Kendig Keast Collaborative BACKGROUND : The purpose of this item is to provide a presentation on the Unified Development Code Evaluation Report. Kendig Keast Collaborative was contracted to provide an evaluation report that will include recommendations on overall language and content revisions, the sections which require specific revision, and best practices. The consultant is providing a well-defined process for next steps in a multi-phased program to amend the Unified Development Code. The contractor conducted seven stakeholder focus groups and a public open door meeting in December 2018. A second public open door meeting was held on March 21, 2019, providing an opportunity for community and stakeholder input on the draft report. The Planning Commission was briefed on the draft report on May 15, 2019. LIST OF SUPPORTING DOCUMENTS: UDC Evaluation Report Presentation Unified Development Code Evaluation Report AGENDA MEMORANDUM for the City Council Meeting of June 25, 2019 C ORPUS C HRISTI C ITY C OUNCIL B RET K EAST, AICP, CEO & O WNER UDC E VALUATION J UNE 25, 2019 Background & Public Engagement •Why Do This? •Public Input Evaluation •This is only an evaluation •No UDC amendments to take place immediately Next Steps •Scope, Timeline, and Budget Comments / Q&A OVERVIEW Digital ease of use -enCodePlusTM Reorganization / consolidation of tables Efficiency of overlay / special purpose districts Clarification of Trust Fund Best practices for incentivizing: Appropriate increased density Affordable / work force housing Low-impact development BACKGROUND | KNOWN ISSUES FROM RFP Online Drafting in Word-like format Collaborative drafting and editing Hyperlinks of definitions and cross-references Password-protected commenting Documentation via track-changes Personalized tracking Comment management system Searchable comment/response record Denote required follow-ups Digital ease of use -enCodePlusTM Reorganization / consolidation of tables Efficiency of overlay / special purpose districts Clarification of Trust Fund Best practices for incentivizing: Appropriate increased density Affordable / work force housing Low-impact development BACKGROUND | KNOWN ISSUES Digital ease of use -enCodePlusTM Reorganization / consolidation of tables Efficiency of overlay / special purpose districts Clarification of Trust Fund Best practices for incentivizing: Appropriate increased density Affordable / work force housing Low-impact development BACKGROUND | KNOWN ISSUES Digital ease of use -enCodePlusTM Reorganization / consolidation of tables Efficiency of overlay / special purpose districts Clarification of Trust Fund Best practices for incentivizing: Appropriate increased density Affordable / work force housing Low-impact development BACKGROUND | KNOWN ISSUES Digital ease of use -enCodePlusTM Reorganization / consolidation of tables Efficiency of overlay / special purpose districts Clarification of Trust Fund Best practices for incentivizing: Appropriate increased density Affordable / work force housing Low-impact development BACKGROUND | KNOWN ISSUES Ideally, a UDC should: Assure the protection of the public's health, safety, and welfare Implement the land use policies Plan CC, the Area Development Plans, and City master plans Be flexible enough to allow property owners the freedom to create lasting, valued, and affordable communities without unreasonable regulatory barriers that may delay a project or stifle creativity BACKGROUND | KNOWN ISSUES Stakeholder Interviews City Staff Appointed Officials Engineers, Contractors, and Designers Builders Environmental Organizations Architects and Planners U.S. Navy Air Station Representatives Downtown Advocates Realtors and Property Owners Association Representatives Two Open Door Meetings Presentations to PC and CC Comment Highlights Complications in UDC and Staff turnover leads to enforcement problems Combine incentives and streamlining to promote affordable housing Fix inconsistencies within UDC and between UDC and City Code More administrative decision-making – especially for waivers Lots of room for infill development City no longer accepts park dedication – only fees in place of dedication Problem with large preliminary plats never finaling out perimeter streets BACKGROUND | PUBLIC ENGAGEMENT EVALUATION | STRUCTURE Executive Summary Section 1. Planning, Zoning, and Platting Basics Section 2. Plan Conformance Section 3. UDC Best Practices Section 4. Zoning Districts and Land Uses Section 5. Development Standards Section 6. Development Review and Administrative Improvements Appendix A. Stakeholder Interview Summary Appendix B. Key Terms Appendix C. Additional Comments EVALUATION | SUMMARY OF RECOMMENDATIONS EVALUATION | SUMMARY OF RECOMMENDATIONS Implement many of the land use-related recommendations of Plan CC, Strategic Plan for Active Mobility, and the North Beach, Downtown, and Mustang –Padre Island ADPs Remove UDC provisions that conflict with the City Code Combine the Special Permit and Special Use Exception into on procedure Reduce Variances including flexibility in placement of pools and landscaping Incorporate existing Staff’s written interpretations into the UDC Allow Staff to approve Waiver requests under certain criteria Increase accessory dwelling unit maximum square footage to make them more useful Improve the content-neutrality of the Signs Section Reduce required parking minimums based on national practices Lessen landscaping requirements for industrial uses in industrial districts Rework half-street and perimeter street provisions so that new subdivisions are better served NEXT STEPS | SCOPE AND SCHEDULE Shorter-Term updates in 3 Modules Option to do Medium- and Longer-Term Updates later or under same contract Staff-Led and Consultant-Led amendments Staff Technical Committee for practicality Policy Advisory Committee to oversee project Process for each module Module submittal to STC 3 weeks of review for STC Video conference with Staff KKC revises module Revised module forwarded to PAC 3 weeks of review for PAC Consultant presentation to PAC Consolidated Draft One more opportunity for STC and PAC to review and comment Public Review Draft Incorporate comments from Consolidated Draft Public Hearings and Adoption Planning Commission recommendation City Council final action NEXT STEPS | SCOPE AND SCHEDULE Approximately 20 months from notice to proceed to adoption 10 additional months to do medium- and longer-term priorities under separate contract NEXT STEPS | COST ESTIMATE Phase 2-1: Module Drafting (Shorter-Term Priorities)….…$86,927 Phase 2-2: Consolidated Draft………………………………………..$33,600 Phase 2-3: Public Review, Hearings, and Adoption………...$27,962 TOTAL for Phases 2-1 through 2-3…………………………….....$148,489 TOTAL for Phases 2-1 through 2-3 with Phase 2-4 (Medium- and Longer-Term Priority Updates) under Separate Contract………………………..………………......$219,451 TOTAL for Phases 2-1 through 2-4 completed consecutively……………………………………….......$199,842 Thank You! Comments / Q&A UDC EVALUATION EXECUTIVE SUMMARY PURPOSE The purpose of this evaluation is to provide a review of the Corpus Christi’s Unified Development Code (UDC) together with other relevant provisions of the City Code. These recommendations will propose future amendments to the UDC to be undertaken in a separate project. These recommendations are made in light of the Comprehensive Plan, stakeholder feedback, and best practices garnered from the consultant, Kendig Keast Collaborative (KKC), and its 37 years of experience critiquing, amending, and writing over 150 sets of development regulations like Corpus Christi's UDC. Going into this project, the City knew of several problems related to the UDC and directed KKC to investigate them, in addition to providing their own professional insights. These issues include: • Digital Ease of Use. The UDC should be easy to use for the general public, applicants, and administrators. Information should be logically arranged, easy to find, and with language and graphics that are attractive and clear. The UDC should take full advantage of the capabilities of enCodePlusTM to edit, display, codify, and manage the document. • Reorganization / Consolidation of Provisions. An efficient UDC consolidates similar provisions together, so that the chances of errors in text, and in interpretation, are minimized. Revisions to the UDC should take every opportunity to consolidate like information into a single location. • Efficiency of Overlay and Special Purpose Zoning Districts. The UDC has 11 overlay and special purpose zoning districts. Generally, KKC looks for opportunities to evenly distribute throughout the City as a whole good and reasonable development standards frequently found in special purpose or overlay districts. This is opposed to adding regulatory layers in some parts of the City while other parts of the City are without such a benefit (or burden). The more functional the base zoning districts are (e.g. RS-4.5, CN-1, or IL) the less need there is for specialized zoning districts. • Improvement and Clarification of the Trust Fund. The Trust Fund is an entity that is rather unique to Corpus Christi. One thing that many can agree on is that it is complicated and needs modification after serving the City for decades. • A Staff “Wish List” of Items. City staff has maintained a running tally of desired rather minor changes to the UDC that would fix problems that have occurred in administering, interpreting, and enforcing the UDC. • Incentives for achieving better development. These concerns include, but are not limited to: o Appropriate increased density; o Affordable housing; and o Low-impact development. In order to provide solutions for these and other concerns, this Evaluation is presented in the following Sections: • Section 1., Planning and Zoning Basics. Although many people have at least a cursory familiarity with terms like "zoning" or "platting," this Section provides a brief education on the essential aspects of city planning and zoning geared toward a lay person. • Section 2., Plan Implementation. The primary duty of a UDC is to put into law the selected broad policies of the Comprehensive Plan. This Section assesses how well the current UDC implements the land development-related policies of Plan CC, selected Area Development Plans, and the Strategic Plan for Active Mobility. UDC Evaluation Page 2 • Section 3., UDC Best Practices. Without regard to the policies of Plan CC, there are a number of characteristics that generally make for a good UDC. This Section provides those characteristics and shows how the UDC stacks up. • Section 4., Zoning Districts and Land Uses. Established zoning districts and regulated uses of land comprise the heart of most UDCs, and Corpus Christi's is no exception. Indeed, the zoning and land use Articles of the UDC comprise over 30 percent of the bulk of the document. This Section provides recommendations on how the UDC could make more efficient use of its zoning district and land use regulatory system. • Section 5., General Development and Subdivision Standards. Development characteristics resulting from the site and subdivision design standards of the UDC tend to be the most noticeable to the general public. This Section critiques the UDC provisions that impact community character in terms of the design of parking, landscaping, signs, outdoor display and lighting, and building design. This Section also provides an assessment of the Trust Fund. • Section 6., Development Review and Administrative Improvements. This Section provides recommendations related to the processing, review, and decision making on development review applications (such as Rezonings, Variances, etc.) from two angles: 1) Improvements to the written text of the UDC; and 2) Improvement to the administrative practices of the Development Services department, which may not necessarily be written into the UDC. • Appendix A. Stakeholder Interview Summary. This Appendix provides a listing of comments received at stakeholder interviews and an Open Door Meeting held in Corpus Christi from December 12th to the 14th. • Appendix B. Key Terms. This Appendix lists technical terms that are used in this Evaluation and provides definitions. • Appendix C., Additional Comments. On March 21st, KKC and the City held a second Open Door Meeting to present a draft of this Evaluation, with attendees invited to submit comments. This Appendix shows the comments received over a five-week window after the presentation. BACKGROUND In September 2016, the City Council adopted Plan CC, the Comprehensive Plan for the City. In addition, several Area Development Plans (ADPs) remain in effect for various parts of town. These ADPs provide a finer grain of recommendations than Plan CC for specific areas of the City. Some ADPs, such as those for North Beach, Mustang-Padre Island, and Downtown, have been recently adopted or amended. The ADPs that remain, including those for London and the Southside which the City has begun to update, are not part of the focus of this Evaluation. The Council adopted the UDC in 2011 after involvement from another consultant and several years of City staff shepherding the document through the public input, review, and hearing process. The UDC combined the City’s Zoning Ordinance, Platting Ordinance, and other development-related regulations into a single document with the intent to minimize inconsistencies and needless duplications. While having a single source for most development regulations has surely been an asset to the community, the content and administration of the UDC could use improvement. In fact, since adoption, the Council has amended the document almost 40 times in a piecemeal fashion. Stakeholder Interview Take-Away During interviews with the consultant for this project, stakeholders commented that a lot of time was spent in the previous UDC effort and we should not waste all of that effort and start from the beginning again with a brand new UDC. We should fix what is not working and make what works well work even better. It is a good idea to periodically maintain a UDC with an annual set of amendments; however, so many amendments over an eight-year period is a signal that more global changes may be needed. For this reason, the Council is now interested in a more comprehensive update to the UDC. UDC Evaluation Page 3 There is a big difference between the level of detail of a 15+ year vision document (Plan CC) and the day-to-day rules that apply to the use and development of land (the UDC). Accordingly, a “bridge” must be built between the Plan and the UDC in order to recommend specific regulatory changes that address either the policies set out in the Plan or the concepts brought forward by local stakeholders and City staff. The purpose of this Evaluation is to establish such a “bridge,” by, among other things, setting out recommended strategic approaches and priorities for a comprehensive revision of the UDC. To obtain background information, the consultant team conducted stakeholder interviews with people who may be directly impacted by changes to the UDC, as well as those who regularly administer the existing regulations. In December 2018, KKC interviewed groups representing diverse areas of local knowledge and interest. They also went on an extensive guided tour of the City with several members of City staff. Members of the general public were also invited to participate directly in the project. The KKC team held an "Open Door" kick-off meeting at the Development Services Building. The purpose of these gatherings was to introduce the project, and most importantly to hear comments and input about development-related issues. A wide variety of issues were discussed, concerns raised, and questions asked. The notes from these sessions are in Appendix A, Stakeholder Interview Summary, of this Evaluation. In March 2019, KKC held another public "Open Door" meeting to present a draft of this Evaluation and to provide the public a chance to comment on anything that may have been missed. After the meeting, there was a five-week comment period. The Coastal Bend Home Builders Association was the only entity to submit comments. They looked favorably on 11 recommendations and disagreed with 20 of the recommendations. They liked the recommendations related to increased administrative approval and increased flexibility without the additional time and uncertainty of applying for a Planned Unit Development. Their primary concerns were related to: (1) ensuring that there is a clear appeal process if there is greater administrative decision- making authority; (2) certain enhanced design requirements related to subdivisions; and (3) preventing the cost of development from increasing. These topics will certainly require dialogue during the amendment drafting process. Stakeholder Interview Participants • City Staff • Appointed Officials • Engineers, Contractors, and Designers • Builders • Environmental Organizations • Architects and Planners • U.S. Navy Air Station Representatives • Downtown Advocates • Realtors and Property Owners Association Representatives • The general public UDC Evaluation Page 4 SUMMARY OF RECOMMENDATIONS Table ES.1, Summary of Recommendations, below, lists the recommendations contained in this Evaluation, their priority (short-, medium-, or long-term), the source of the recommendation (Plan, Public Input, Best Practice, or Other) and whether City staff or a consultant should undertake the change. Some sensitive items may require consultant involvement; however, basic reorganization, definitions, and minor amendments can be tackled by City staff. These changes to the UDC may be proposed, considered by the Planning Commission and City Council, and adopted into the UDC as part of a separate project or may be phased into the UDC over several years. Recommendations with a (S)horter term priority and a Consultant responsibility are proposed to be part of a near-term update to the UDC to be managed by a consultant. Table ES.1, Summary of Recommendations Recommendation Priority1 Source2 Responsibility Section 2. Plan Conformance All Plan CC Recommendations except as follows: S P Consultant - Give preference to energy-efficient designs, materials and equipment in public facilities and in infrastructure. M P Consultant - Support passive design strategies, such as site designs that take advantage of prevailing winds, sunlight, shade trees, etc. to reduce energy consumption. M P Consultant - Promote resource-efficiency in all new housing through financial or non-financial incentives, such as permit streamlining. M P Consultant - Promote compact and walkable mixed-use urban villages where they could support improved public transportation service. Bus stations and future stops for bus rapid transit, creating “transit-ready” locations. L P Consultant All North Beach ADP Recommendations except as follows: S P Consultant - Remove the uses allowed in CR-3 that are not particularly pedestrian oriented, including Commercial Parking Use Category, Game processing, and auto rental. S P Staff - Incorporate a maximum setback in CR-3 to force buildings closer to the street. S P Staff - Allow off-site parking for a nonresidential use to be located in a residential zoning district with a Special Permit, rather than prohibiting it. M P Staff All Downtown ADP Recommendations S P Consultant All Mustang-Padre Island ADP Recommendations except as follows: S P Consultant - Modify 6.4.4, Use Regulations, to prohibit the Waste-Related Service Use Category. S P Staff - Modify 6.4.4 to prohibit the Industrial Use Categories, sexually-oriented business, and manufactured home in the Overlay regardless of the underlying zoning district. S P Staff All Strategic Plan for Active Mobility (Bicycle Plan) Recommendations except as follows: S P Consultant - Revise land use/development codes to define a mechanism by which developers' contributions in lieu of land dedication may be used to build out the bicycle infrastructure network. L P Staff Section 3. UDC Best Practices Bring relevant portions of the City Code into the UDC. (See Table P1.1) S BP Consultant Remove conflict provisions in the City Code and UDC (See Table P1.2) S BP Staff Combine the Community Service and Places of Worship Use Categories into one to facilitate treating all RLUIPA-related uses the same. S BP Consultant UDC Evaluation Page 5 Table ES.1, Summary of Recommendations Recommendation Priority1 Source2 Responsibility Modify the definition of family to include necessary staff in a community home setting and remove the duplicative use "community home (6 or fewer residents) from Table 4.3.2. M BP Staff Improve on the content-neutrality of § 7.5 Signs. S BP Consultant Extend provisions from Article 7, General Development Standards, to areas of the ETJ. L BP Staff Update § 5.5 Wireless Telecommunication Facilities to address small cell towers. S BP Consultant Combine the Special Permit and Special Use Exception into one procedure S BP Consultant Allow more flexibility in placement of residential pools. S DS Consultant Allow the Assistant City Manager of Development Services (ACMDS) to make the final decision on Alternative Compliance in Section 7.3.4 for landscaping provisions. M BP Staff "Promote" the Waiver procedure up to the Section level so it is more visible to users. S SH Staff Build in more provisions so that certain Waiver requests could be administratively approved. S SH Consultant Modify § 2.12 Summary of Review Authority to include timing, expiration, review steps, and associated standards. S BP Consultant Make the Planning Commission the final decision maker for Special Permits. L BP Staff Modify § 3.23 Written Interpretation to include more guidance for the ACMDS to make interpretations of the UDC. S BP Consultant Incorporate the written interpretations in Table P4.2 into the UDC. S SH Consultant Incorporate Low-Impact Development incentives into the UDC. M BP Consultant Create an Established Neighborhood zoning district(s) to facilitate infill and reinvestment M BP Consultant Adopt contiguous infill lot bonus provisions to make infill more attractive to developers S BP Consultant Amend Section 7.2.4 Alternative Parking Plan Options, to remove some of the parking- related cost burden from redevelopment projects. M BP Consultant Make the Cottage Housing Overlay a housing type, rather than an overlay district. S BP Consultant Integrate the cluster overlay provisions into the base districts as a development type that is either permitted by-right or permitted subject to limitations. S BP Consultant Build more housing types into the residential zoning districts. S BP Consultant Grant a density bonus by-right for market rate subdivisions or multifamily development that integrate committed affordable units. S BP Consultant Allow reductions in fees-in-lieu of park land dedication and other incentives for developments that incorporate committed affordable units S BP Consultant Section 4. Zoning Districts and Land Uses Make changes recommended in Section 4. except as follows: S Varies Consultant - Clarify whether encroachment of eaves into easements. M DS Staff - Relocate the standards related to the percentage of lots that must be adjacent to a body of water in 4.2.11. Water-Oriented Subdivisions. The language could be relocated to § 8.3 Public Open Space. M DS Staff - Relocate submittal requirements to a document outside of the UDC. M BP Staff - In Table 4.5.4 Nonresidential Development, rename minimum lot area for the BP S BP Staff UDC Evaluation Page 6 Table ES.1, Summary of Recommendations Recommendation Priority1 Source2 Responsibility district as minimum site area. - Remove more intense Waste-Related Uses from the LI district. S DS Staff - In 5.1.4.I. Vehicle Sales and Service, add "vehicle service, heavy" and "vehicle service, limited" as accessory uses in the Vehicle Sales and Service use category. S DS Staff - In 5.1.5.A. Light Industrial Service, shift above-ground fuel storage to the accessory uses column. S DS Staff - Add townhouses to 6.4.11.B. Applicability. S DS Staff Section 5. Development Standards Make changes recommended in Section 5. except as follows: S Varies Consultant - Allow "ribbons" for driveways in order to reduce impervious coverage. M DS Staff - In Table 7.1.7.D Corner Clearance, Change "N/A" to "0". M DS Staff - In § 7.2 Off-Street Parking, Loading and Stacking, specify that parking, loading, and stacking spaces cannot be used interchangeably. M BP Staff - In 8.2.1.G Cul-de-Sacs, allow a mountable curb to surround the cul-de-sac island, require maintenance by an HOA or POA, and require a visibility triangle in 4.2.9. M BP Staff - Provide an arrangement for underground utilities in utility easement. L DS Staff - Re-assess the $62,500 cap on fair market value per acre. S DS Staff - In 8.5.1.B Payment of Fees, specify that tap fees shall be made exclusively to the city. M DS Staff - Implement the Storm Water Trust Fund program or remove from the UDC. L DS Staff Section 6. Development Review and Administrative Improvements Make changes recommended in Section 6. except as follows: S Varies Consultant - Examine the defined terms and add or remove definitions as needed. S BP Staff - Specify that the Technical Review Committee may consist of local school district representatives. S SH Staff - Clarify that incomplete or rejected applications are not considered "filed" or "submitted" for the purposes of the Texas Local Government Code. M BP Staff - Clarify that an appeal to the City Council is to take place at a public meeting, not a public hearing with notification required. M BP Staff - Use the term "court of competent jurisdiction" rather than specifying the court that would hear the appeal. (Applies throughout the UDC) M BP Staff - Modify the way gable, hip, or gambrel roofs are measured so that they are either measured to the eaves or ridge, rather than the median between the two. S DS Staff - Consider setting aside a portion of each TRC meeting (or a portion of a TRC meeting each month) as an "Open Door" that future applicants may attend to show conceptual plans for new projects. L BP Staff - Take full advantage of 2.7.3.A Chair, which states that the Development Review Manager is responsible for final actions of the TRC S BP Staff - Address stakeholder concerns about "too many bites at the apple" in application review by taking full advantage of the provision in 3.7.2.A.2 Technical Review Committee Review, that states, "The absence of and resulting lack of comment from a Technical Review Committee member during the review of the application plat shall S BP Staff UDC Evaluation Page 7 Table ES.1, Summary of Recommendations Recommendation Priority1 Source2 Responsibility preclude that member or that member’s organization from commenting on or requiring additional materials for the application at a later date." - Invite applicants to the TRC meetings as an application is being reviewed. Hold an internal work session prior to the actual meetings so that Staff may discuss any application issues internally. M BP Staff - Make use of the Notes / Interpretation function of the UDC host, enCodePlusTM as depicted in Figure 6.1, enCodePlus Document Attributes. These interpretations would be viewable by any Staff member with an enCodePlus login. S BP Staff TABLE NOTES: 1S = Shorter (1-2 years); M = Medium (3-5 years); L = Longer (5+ years) 2SH = Stakeholders; P = Plan CC or ADP; BP = Best Practices; DS = Development Services Staff UDC Evaluation Page 8 SECTION 1. PLANNING, ZONING, AND PLATTING BASICS What is essential to this Section is the understanding that Plan CC sets the broad policy directions for the City's future growth and economic development, while a UDC is the set of laws, in the form of regulations, standards, and requirements, that implements the Plan's policies. While closely interrelated, the plan and UDC have different functions. The Difference Between Plans and the UDC The Comprehensive Plan In September 2016, the Corpus Christi City Council approved a new Comprehensive Plan, known as Plan CC. Plan CC contains: • An overall vision statement for what Corpus Christi will be like in 2035; • A collection of targeted vision statements related to seven elements, such as Housing and Neighborhoods and Future Land Use, Zoning, and Urban Design; and • Broad goals and more focused strategies for each of the seven elements. In Corpus Christi, the City Charter requires the City to develop and implement a Comprehensive Plan containing policies for growth, development, and aesthetics in the city limits and extraterritorial jurisdiction (ETJ). The Charter further states that the Plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations (the UDC). Indeed, Plan CC provides recommendations on new and revised Area Development Plans, zoning districts applied throughout the City to specific properties via the Future Land Use Map, and, most relevant for this Evaluation, the regulatory language of the UDC. The policies set out in Plan CC affect public and private investments in land, programs, and infrastructure, with the aim of ensuring that such investments work together to achieve a common vision for the future of the City. Table 1.1, Example Comprehensive Plan Policies, shows examples of each type of Plan policy. The UDC is mostly concerned with development of private property and, to a secondary extent, with the provision of public and private infrastructure. Table 1.1, Example Comprehensive Plan Policies Policy Type Public Property or Public Investments Private Property Land Consider a systematic method to fairly evaluate existing police and fire stations and the need for new stations. Truck loading facilities, which often produce traffic congestion, noise, and road wear, should be properly located and designed to prevent conflicts with other land use activities. Program Explore the creation of a City redevelopment authority or similar agency. Support an orderly and prioritized annexation program to insure an adequate supply of developable land. Infrastructure Support the utilization of road improvements to stimulate redevelopment and orderly growth. Give priority to natural, green drainage systems for storm water management. UDC Evaluation Page 9 The Unified Development Code (UDC) Even though the City Council adopted Plan CC by Ordinance, the Plan is not a set of laws. The UDC, however, does have the force of law. It is where the "rubber meets the road" and selected recommendations of the Plan related to land use are given legal “teeth.” For example, for a property owner who wants to open a bakery on a specific lot at the edge of a specific neighborhood, the Comprehensive Plan broad recommendation, “Encourage the protection and enhancement of residential neighborhoods” offers little in the way of guidance. Indeed, some may believe the use is compatible and others may not. Fortunately, the property owner does not have to rely on the Comprehensive Plan to understand whether the bakery will be allowed. The UDC provides the specific rules that implement the Comprehensive Plan policy. As such, the owner would look to the UDC to determine: 1. whether coffee shops are allowed on the property in question, based on the Zoning Map and the list of permitted uses for the property’s specific zoning district; and 2. if so, what requirements are in place to ensure compatibility with the neighboring residential uses. Any of the following standards from Corpus Christi’s UDC give the force of law to the broad policy that residential neighborhoods should be protected: Figure 1.1, Relationship Between Plans and UDC UDC Evaluation Page 10 • Screening requirements (e.g., “Where a commercial or industrial use is …adjacent to a lot or parcel zoned for or occupied by residential uses, then the owner of the…commercial or industrial use shall…construct a solid screening fence 6 feet in height.”). • Scale limitations (e.g., “Eating establishments permitted in the ‘CN-1’ Neighborhood Commercial District, shall not exceed 5,000 square feet in gross floor area.”) • Setback limitations (e.g., “No part of any building or accessory structure shall be closer than 100 feet to any residential district boundary.”). • Building design standards (e.g., “Any side or rear wall facing a street, residential zoning district or public or semipublic area shall consist of the same facing materials as the building front.”). • Operational limitations (e.g., “When a loading dock abuts a single-family residential zoning district… Loading docks shall be signed to indicate ‘no idling.’”). Table 1.2, The Links from Plan to Regulation, below, visualizes the relationship between the broad goals and polices of Plan CC, specific legal provisions of the UDC, and the various other documents that link the two together. The table reflects the applicable documents (Comprehensive Plan, Area Development Plans, together with this UDC Evaluation, the Annotated Outline, and the UDC Draft). In addition, the intent of each document is outlined as to its role in future planning and development, along with the typical scope of each document, its purpose, and how it's used by City staff in administering the Comprehensive Plan and UDC. Lastly, example documents are referenced to better understand how all these are interrelated, their individual and collective purposes, and to enhance the public understanding of plan policies and how they're implemented. THE ROLE OF A UDC IN CREATING “GOOD NEIGHBORS” Essentially, a UDC is a set of laws regarding what it means to be a “good neighbor” in terms of the use and development of land. Of course, if everyone always agreed about what it means to be a “good neighbor” — and if everyone acted accordingly — then there would be little need for a UDC. In a perfect world: • Good neighbors do not interfere with the use, enjoyment, privacy, and value of each others’ property. • Good neighbors do not take more than their fair share of community resources. • Good neighbors support community-wide objectives with respect to planning and development. • Good neighbors’ actions do not endanger the health and safety of each other. Of course, in a perfect world, the theory always works. In the real world, things are more complicated. The drafting, interpretation, and enforcement of a UDC constantly works between the tensions of: “You can’t tell me what I can do with my land!” And the equally emphatic belief: “You should not let my neighbor do that!” The balance that is ultimately struck between the two points of view varies greatly. Table 1.2, The Links from Plan to Regulations Document Intent Typical Scope Example(s) Comprehensive Plan Establish Vision, Goals, and Objectives for Future Development of the City Establish broad goals and recommendations, such as: • Promote residential and mixed- use downtown • Encourage residential infill • Support the improvement and aesthetics of city entrances Plan CC UDC Evaluation Page 11 Table 1.2, The Links from Plan to Regulations Document Intent Typical Scope Example(s) Area Development Plans Focus on particular subjects or areas for more specific goals and recommendations, in order to: • Identify projects and strategies to promote planning objectives • Prioritize areas for annexation or public investment • Identify design features or styles for specific areas Downtown ADP Mustang-Padre Island ADP North Shore ADP UDC Evaluation Assess the Current UDC based on Plan Recommendations, Stakeholder Input, and Best Practices Establish the broad strategies for developing a new UDC by: • Framing plan objectives that can be implemented through the UDC • Identifying subject areas where trade-offs among plan policies are not resolved in the plans • Identifying potential regulatory tools / strategies at a broad scale This document Annotated Outline Provide a Structural Scheme for a new UDC with Notes Regarding Retained and New Provisions Make recommendations about the structure of the new UDC Annotated Outline that could be part of a second phase of this overall project of updating UDC UDC Draft Plan Implementation / Regulation of Private Property Detailed standards and procedures for development of land. Tasks in a UDC update may include (among many other matters covered by the UDC): • Overhaul of zoning districts • Streamlining of development review process • Implementation of multifamily and nonresidential design guidelines • Refining of dimensional and development standards • Improvement of subdivision design standards Corpus Christi UDC UDC Evaluation Page 12 The Purpose of Zoning Historically, at its essence, zoning functioned as a legally enforceable way to separate potentially conflicting land uses before they had a chance to be established near one another and to cause a nuisance. Cities traditionally used zoning to prevent the worst combinations of adjacent land uses from occurring (e.g., industrial next to a residential neighborhood as depicted in Figure 2, Mix of Industrial and Residential Uses). Over the decades, zoning has evolved to accomplish other purposes that promote the public health, safety, and general welfare. The following are some of the improvements in the public interest that a city may use zoning to promote: • Enhancing community character; • Proving incentives for affordable housing; • Bolstering city beautification; • Reducing the heat island effect of paved areas, such as parking lots; • Encouraging the preservation of natural resources and historic assets; • Spurring economic development; • Bringing residential elements back to downtown; • Protecting agricultural resources from sprawl; and • Promoting low-impact development. Even as zoning offers basic protections and public enhancements that promote quality of life, its absence, historically, allowed land owners to flexibly develop communities that are valued to this day for their human- scale, pedestrian orientation, and mix of uses. See Figure 1.3, Pre-Zoning Streetscape, as an example of a block-face in Bryan, Texas developed prior to the implementation of zoning and that has the above valued characteristics. Figure 1.2, Mix of Industrial and Residential Uses Ideally, an updated UDC will: • Assure the protection of the public's health, safety, and welfare; • Implement the land use policies of Plan CC, each of the Area Development Plans, and of City master plans; and • Be flexible enough to allow developers and builders the freedom to create lasting, valued, and affordable communities without unreasonable regulatory barriers that may delay a project or stifle creativity. Figure 1.3, Pre-Zoning Streetscape UDC Evaluation Page 13 Zoning Map and Zoning Regulations There are two aspects to zoning regulations in a UDC: text and official zoning map. Both are equally important, and fulfill different roles. The Text A large portion of a typical UDC, including Corpus Christi's, is devoted to zoning regulations (laws that essentially regulate how private property is used and built upon). Article 4, Base Zoning Districts, through Article 7, General Development Standards, of the UDC contain provisions directly related to zoning, including: • Establishment of zoning districts that are shown on the zoning map; • Purpose statements for each zoning district; • Bulk, density, intensity, and height standards; • Listing of permitted, special, and prohibited uses; • Specific use standards for special, accessory, and temporary uses; • Establishment of special purpose and overlay zoning districts that add additional use or design standards to certain areas of the City; • Regulations related to: driveway placement; landscaping, buffering, and screening; parking, loading, and stacking (the spaces where vehicles line up at, for instance, a car wash); signs; outdoor lighting; exterior design of buildings; and floodplains; and • Limitations placed on the expansion or changing of nonconformities (uses, structures, and other improvements that were legally established or built, but that do not meet the current standards of the UDC). However, these regulations are almost meaningless without a zoning map that shows how and where the regulations apply in the City. The Official Zoning Map Districts on a zoning map determine the zoning classification and written regulations that apply to any particular piece of property. See Figure 1.4, Zoning Map Excerpt, for a view of the zoning configuration along a portion of South Padre Island Drive. Note the typical arrangement of commercial (CG-1 and CG-2) zoning along the SPID with residential (RS-6) to the rear, with a view from the ground shown in Figure 1.5, Commercial Properties Along SPID, and 1.6, Residential Properties to the Rear. UDC Evaluation Page 14 Figure 1.4, Zoning Map Excerpt Figure 1.5, Commercial Properties Along SPID Figure 1.6, Residential Properties to the Rear Corpus Christi's updated UDC should be thoroughly integrated digitally with its zoning map so that citizens can select a given property and clearly see which zoning regulations apply. Critiquing or recommending changes to the zoning map is not part of this project, but elected and appointed officials should always be aware that the written words of the UDC impact specific properties in various ways via the zoning map. UDC Evaluation Page 15 Types of Zoning There are several different approaches to zoning commonly used by communities throughout the United States. Table 1.3, Types of Zoning, summarizes these approaches. Corpus Christi's UDC could be characterized as a hybrid of several of the zoning types below, namely: Conventional, Community Character, Overlay, Planned Unit Development, Composite, Form-Based, and Design Guidelines. An update of the UDC should seek to improve these existing strategies, rather than either wholly replacing them with something new or adding yet another zoning type into the mix. Table 1.3, Types of Zoning Type of Zoning Description Advantages Limitations Applicability Conventional Zoning Division of the City into districts that establish uniform use and development standards (min. lot area, min. lot width, max. height. etc.) • Familiarity to staff and applicants. • In use nation- wide for over 100 years; easy to research and compare regulations with other cities. • Tight control of uses and scale. • Does not comprehensively regulate design. • Segregating uses and requiring excessive building setbacks or height limits can pose barriers to goals of mixing of uses, pedestrian orientation, and sustainable development. Stakeholders are familiar with this approach, and Plan CC recommends use compatibility. Conventional zoning techniques that work well should be retained to form the cornerstone of the zoning regulations in the UDC. Community Character Uses the character rather than the broad use of development to establish the districts, stretching from rural to suburban and urban contexts. Each district is guided by a maximum density and minimum open space, which provides reasonable flexibility in lot areas and widths provided the density is not exceeded. In certain districts, more than one housing type is permitted. For nonresidential development, the controlling standards are parking, landscape surface ratio and where applicable, building or impervious cover and a floor area • The use of character-based districts is a hybrid of conventional, performance, and form-based zoning in that it provides for type, density, and scale of land use, enables ample flexibility to develop in concert with land features, and includes design parameters to achieved the desired outcome. • Provides for reasonable variety in lot • More sophisticated than conventional zoning but less so than planned unit development and form-based coding. • Is a new system that is much different than conventional zoning. It includes by-right development options within individual districts making them a bit more involved to administer. • In its purest form, it is most effective where there are persistent environmental or topographical issues, such as floodplains, riparian corridors, or steep slopes, in order to ensure preservation of these characteristics without penalizing the developer. • It also provides flexibility, less process with fewer districts and more by-right development options, and better control of UDC Evaluation Page 16 Table 1.3, Types of Zoning Type of Zoning Description Advantages Limitations Applicability ratio. Together with site and building design standards, the desired character is achieved yet retains flexibility to reach market and sustainability objectives. areas and widths, housing types, and mixed use. • Inherent to the approach is the protection of environmental resources and preservation of sensitive lands, without requiring a zone change. • Provides for sustainable development. environmental sensitivities and sustainable development measures. Overlay Zoning The use of zoning districts that overlap the base residential, commercial, and industrial conventional zoning districts to establish additional standards, procedures, or requirements. • Allows the City to supplement existing districts with additional controls on land use or the application of design standards. • Very common and familiar to UDC users. • Adds unnecessary complication to the layers of standards applicable to properties within them. • Property owners may be unaware of an overlay's existence on their property at purchase. • Often leads to conflicts or inconsistencies between the base and overlay districts, particularly if there is more than one overlay that overlaps and base district. Improvement to the base zoning districts and general development standards could reduce the need for overlay districts. Some, such as the Historic Overlay, are sure to remain. Planned Unit Development Allows for modification of certain development standards for mixed housing or mixed use projects that are intended • As with conventional zoning, this is a common approach and is • Frequently misused to avoid meeting basic requirements without providing • The City already uses this approach. However, the updated UDC should contain UDC Evaluation Page 17 Table 1.3, Types of Zoning Type of Zoning Description Advantages Limitations Applicability to enhance the standards of development. PUDs are commonly applied to a minimum land area or for larger-scale projects. familiar to code users. • It is flexible, and allows standards to be negotiated on a case-by-case basis. enhanced design or added amenities. • Requires extra records management for City staff. • Essentially adds a separate ordinance to the administration of zoning, which can be burdensome with multiple PUDs. • Neither applicant nor adjacent property owners are certain of the outcomes of this negotiated process. provisions that codify the conditions that are typically negotiated through PUD approval. • Coupled with by- right standards, a modified planned development approach would streamline the process and allow developers to devote more of their budget to improving design rather than processing a master site plan and permitting time / costs. Composite Zoning Instead of having inflexible conventional zoning districts each with a uniform combination of requirements related to use, dimensions, and design, composite districts provide separate and independent zoning components related to site design, building design, and use. For example, a site could have a general commercial use component, a suburban site design component, and a building design component that emphasizes residential compatibility (pitched roofs, single-story, etc.) Provides flexible site- specific development requirements depending on context of the property. This approach is effectively a series of overlay districts, and so it has similar limitations of the overlay approach, except that these disadvantages are spread over the entire city, as opposed to certain corridors or areas. This approach could apply to multi-family and mixed use zoning districts. The zoning map would need to designate areas for use, building, and site design classifications. Leander is a Texas city with one of the first and well-known composite zoning ordinances. UDC Evaluation Page 18 Table 1.3, Types of Zoning Type of Zoning Description Advantages Limitations Applicability Form-Based Zoning Divides city into transect zones where the regulations vary by physical design characteristics, rather than by use. • Directly addresses design and gives landowners greater flexibility as to permitted uses. • Applies well to urban situations, such as downtown, urban districts, and corridors that are intended for intensive development and improved walkability. • Tends to be complex and unfamiliar to existing UDC users. • Neighborhood interests and property owners might still want to control uses (for example, nonresidential uses in residential neighborhoods and residential uses in nonresidential). • Principally applicable for urban places and less so for suburban and rural places. • Limited in scope - does not address issues such as the typical land use types or environmental protection. • Frequently a mismatch between the ideals of a form-based code and the realities of existing infrastructure in auto-dependent areas. Plan CC has policy recommendations that could be accomplished with form-based elements in the UDC. The MU, Mixed Use overlay zoning district has form- based requirements; however, it appears to be unused on the zoning map. The Cinnamon Shore development in Port Aransas is an example of a project designed with form- based concepts in mind. UDC Evaluation Page 19 Table 1.3, Types of Zoning Type of Zoning Description Advantages Limitations Applicability Design Guidelines Use of separate documents that contain flexibly written, and typically nonbinding, considerations for site and building design. The guidelines are usually administered by a general or specialized review body, such as the Planning Commission, Landmark Commission, or a Design Review Board. • Flexibility - the City and applicants retain more discretion in negotiating design solutions, and can better customize design objectives to specific projects than through deliberate standards. • Can be amended more readily than the zoning regulations. • Scatters design considerations among separate documents, which can lead to confusion and complexity. Sometimes unclear to applicants and administrators whether or not a guideline is binding. Compliance negotiation can lead to delays in development approval or unpredictable results. • Often criticized for being subjective or overly discretionary. Design guidelines could be applied for specific areas of the City where PUDs have been misused and where they are expected to continue to be applied. The guidelines could be integrated into each PUD or, at minimum, serve as a starting point for negotiation. The Purpose of Platting Platting procedures and standards promote the public's health, safety, and well-being by making sure that future homes and businesses are properly laid out and have access to adequate infrastructure (streets, drainage, utilities, fire flows, parks, and other public facilities). The term “platting” refers to the legal process of dividing land into two or more parcels that may be sold or developed for residential, nonresidential, or public and institutional purposes. The document that accomplishes this, a plat, shows the layout of the subdivision and is recorded with the County Clerk after approval by the Planning Commission, installation or bonding of infrastructure, and acceptance of the infrastructure by the City. Since the early 20th Century, cities and counties have adopted subdivision (platting) regulations to resolve the problems resulting from the division of land driven by growth pressure. Local governments adopted these regulations to ensure that adequate infrastructure accommodates the lots created by the subdivision. Corpus Christi first adopted a Platting Ordinance in 1939. The document had a major update in 1955, and it was integrated into the UDC upon adoption in 2011. Figure 1.7, Sample Plat, shows a typical plat in Corpus Christi with lot layout, public right-of-way, easements, and surrounding properties. UDC Evaluation Page 20 Figure 1.7, Sample Plat In addition to making sure adequate facilities exist, subdivision regulations address the maintenance of infrastructure. Typically, infrastructure is dedicated (or given) to the City by the developer for use by the general public, which means that the City is responsible for maintenance. If the City assumes the responsibility of long-term maintenance, the installed infrastructure should be constructed to meet certain minimum standards to ensure quality and longevity, thereby avoiding undue hardship on taxpayers in the future. This is why Corpus Christi has adopted Standard Construction Specifications for public facilities. Lots in a subdivision cannot be sold to individual owners, or generally built upon, until the infrastructure has been either: • Built, inspected, and accepted for maintenance by the City; or • Guaranteed by the developer with a financial instrument (including, but not limited to, a certified check, escrow account, or letter of credit) that the City may redeem if the developer fails to build the improvements. Subdivision authority is allowed to be extended to the extraterritorial jurisdiction (ETJ), which Corpus Christi has done through its UDC. However, the City is limited in the ETJ from regulating: • the use of any building or property for business, industrial, residential, or other purposes; • the bulk, height, or number of buildings constructed on a particular tract of land; • the size of a building that can be constructed on a particular tract of land, including without limitation any restriction on the ratio of building floor space to the land square footage; UDC Evaluation Page 21 • the number of residential units that can be built per acre of land; or • the size, type, or method of construction of a water or wastewater facility that can be constructed to serve a developed tract of land. As is common with other cities, Corpus Christi has some of the following typical subdivisions types: Administrative Final Action • Minor Plat. A plat for four or fewer lots that does not require the extension of City facilities. In Corpus Christi, a Minor Plat must take place on already-platted property, or else it is treated as a Preliminary and Final Plat. • Amending Plat. A plat to correct minor errors on a recorded plat. • Development Plat. Although Corpus Christi currently does not have this procedure in the UDC, this is a unique provision of state law that allows for administrative plat approval where no subdivision of land is occurring. This would allow for issuance of a Building Permit after plat approval (in conformance with the City Charter), even if no subdivision of land is proposed to take place. Typical sites that could benefit from this procedure include manufactured home parks, apartment complexes, or billboard sites. Planning Commission Final Action • Preliminary Plat. A plat that provide sufficient information to evaluate and review the general design of a proposed subdivision to ensure compliance with the Master Development Plat, if applicable, and the requirements of the UDC prior to submittal of a Final Plat • Final Plat. A plat that acts as the official recorded map of the property to be subdivided and is suitable for recordation with the County Clerk. It shows the subdivision boundaries, lots, streets, easements, and other significant facilities and features that are necessary to serve the development. The Final Plat has to conform to the approved Preliminary Plat. • Replat Without Vacation. A plat to allow a property owner to add additional lots or public rights-of-way to a recorded plat without prior vacation. This is the only plat for which state law mandates a public hearing with notification to surrounding property owners. • Vacating Plat. A request that eliminates the subdivision of property reflected by a prior recorded plat, the approval of which returns the subdivision to a single unit of unsubdivided property. Slightly less common, but still a good idea, is the inclusion of a Master Preliminary Plat in the UDC. The purpose of this type of plat is to delineate the sequence and timing of development within a proposed subdivision, where the tract to be developed is part of a larger parcel. An approved Master Preliminary Plat should: 1. provide the City with assurance that the overall subdivision will, upon build-out, comply with City requirements; and 2. assure the subdivider that the City has capacity in its public facilities to serve the subdivision. Stakeholder Interview Take-Away During interviews with the consultant for this project, stakeholders posed the idea that Master Preliminary Plats should become administratively approved, rather than being required to go to the Planning Commission. Although it exists as a process in the UDC, the Master Preliminary Plat has not been enforced. The City could consider combining the phasing in the Master Preliminary Plat with the Preliminary Plat provisions. UDC Evaluation Page 22 SECTION 2. PLAN CONFORMANCE Plan CC Recommendations Plan CC and the North Beach, Downtown, and Padre-Mustang Island Area Development Plans together with the Strategic Plan for Active Mobility (commonly known as the Bicycle Plan) include a number of goals and recommendations that may be implemented through the regulations contained in the UDC. The following tables highlight those recommendations and summarize if the UDC's regulations are providing the regulatory framework to achieve these goals. Recommendations that are partially incorporated or not incorporated at all into the UDC merit consideration for implementation in a future update of the UDC. Plan CC, Corpus Christi's Comprehensive Plan, sets out recommendations for how the City plans to grow in the future in terms of the natural environment, housing, economic development, transportation, and land use. Table 2.1, Plan CC Natural Systems Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments Promote the preservation of land around creeks and drainage corridors to achieve a green network of interconnected parks, multi- use paths, passive and active recreational spaces, and conservation land. Yes • § 8.3 Public Open Space • 6.7.4 Required Common Open Space (Cluster Development) The UDC contains specific requirements to help achieve this recommendation. Coordinate stormwater management with trails and green network projects. Not Incorporated Not applicable No standards specifically to ensure the integration of stormwater management and trails in the UDC. Support continued enforcement of regulations that protect barrier beaches. Yes • § 3.13 Dune Protection Permit • § 3.14 Beachfront Construction Certificate Supportive through references to other sections of the City Code. Support policies to reduce airborne dust. Not Incorporated Not applicable The only reference to dust is in the off-street parking section. Encourage industrial areas to eliminate industrial odors. Partially 4.6.1 Purpose Statements (Industrial Districts) Limits odor, smoke, and noxious uses to Heavy Industrial District but does not have standards/ incentives to encourage the elimination of odors. Promote tree preservation and tree planting in public spaces and major corridors. Yes § 7.3 Landscaping The landscaping chapter of the UDC has multiple regulations to help achieve this recommendation. UDC Evaluation Page 23 Table 2.2, Plan CC Resilience & Resource Efficiency Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments Promote implementation of regulations that protect barrier beaches, dunes, and natural or storm-made passes to lessen the erosional impact of tidal surges. Partially • § 3.13 Dune Protection Permit • § 3.14 Beachfront Construction Certificate A process has been created to review permits in sensitive areas, not necessarily protect these areas. Give preference to energy-efficient designs, materials and equipment in public facilities and in infrastructure. Not Incorporated Not applicable The UDC does not contain density or intensity bonuses for LEED certifications or Low-Impact Development features (See Section 3.). Support passive design strategies, such as site designs that take advantage of prevailing winds, sunlight, shade trees, etc. to reduce energy consumption. Not Incorporated Not applicable The UDC does not require or encourage these features. Encourage and promote urban farming and community gardens to promote access to local food. Partially 4.7.7.A Common Open Space Permits a flat roof on community buildings adjacent to a common open space area for the specific purpose of supporting a rooftop community garden or roof-top deck. (Specific to Cottage House Districts) Table 2.3, Plan CC Housing and Neighborhoods Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments Encourage and promote urban farming and community gardens to promote access to local food. Partially 4.7.7.A Common Open Space Permits a flat roof on community buildings adjacent to a common open space area for the specific purpose of supporting a rooftop community garden or roof-top deck. (Specific to Cottage Housing District) Promote resource-efficiency in all new housing through financial or non-financial incentives, such as permit streamlining. Not Incorporated Not applicable The UDC does not contain density or intensity bonuses for, as an example, LEED certifications or Low- Impact Development features (See Section UDC Evaluation Page 24 Table 2.3, Plan CC Housing and Neighborhoods Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments 3.). Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. Yes • § 6.12.4 Target Area Redevelopment • § 6.14 Alternative Housing Options Both sections create density bonus provisions and increase the types of housing permitted in certain districts. Support preservation and reuse of historically significant buildings, areas, and sites. Yes • § 3.4 Historic Overlay District or Landmark Designation • 6.12.4 Target Area Redevelopment • § 6.14 Alternative Housing Options • § 7.12 Adaptive Reuse Development Standards § 3.4 of the UDC supports the review and preservation of historically significant structures through regulations. Sections 6.12.4, § 6.14, and § 7.12 supports the adaptive reuse of downtown building through an abbreviated review process. Support programs and regulations that help create livable communities for the aging population. Partially 6.7.6 Density Bonuses This Section creates a density bonus for the creation of fully accessible units up to a maximum of 15% for the total development. However, these accessibility standards are not targeted for just the aging population but for all groups needing accessible housing options. Give consideration to regulations, projects, incentives, and guidelines that promote interconnected development, such as developments with a well-connected street network or appropriate connections to neighboring subdivisions, destinations or bicycle/pedestrian facilities. Yes • § 7.9 Required Zoning District Buffer Yards • 7.9.7 Means for Obtaining Points • Article 8 Subdivision Regulations • 8.2.1.D External Connectivity Section 7.9.7, establishes a points system for creating features in buffer yards. Hike & Bike facilities created in conjunction with the Open Space Master Plan are worth 10 points. Requires that streets between subdivisions are connected at logical locations UDC Evaluation Page 25 Table 2.4, Plan CC Transportation and Mobility Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments Truck loading facilities, which often produce traffic congestion, noise, and road wear, should be properly located and designed to prevent conflicts with other land use activities. Partially 7.2.7 Off-Street Loading There are time limit restrictions for loading docks that abut single-family districts and landscaping and screening requirements. They don't mention specifically preventing conflicts or use activities. Support the improvement and aesthetics of major thoroughfares and city entrances. Not Incorporated Not applicable While the UDC requires higher design standards in certain areas of town (The Island), it does not do so along certain corridors or at City entrances. Table 2.5, Plan CC Infrastructure, Facilities & Public Services Recommendations Summary Plan Recommendation Incorporated Sec. Number(s) Comments Promote natural drainage approaches (“green infrastructure”) and other alternative non- structural and structural best practices for managing and treating stormwater. Partially • 4.7.7.A.10 • 6.7.2.G, 6.7.4 There are two true examples of this in practice: Cottage House Units and parking areas must be situated to maximize natural drainage. The Cluster Overlay District states that onsite stormwater management "may" be included in required common open space areas and permits bio- swales, infiltration trenches, etc. to count as required open space. Table 2.6, Plan CC Future Land Use, Zoning, & Urban Design Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments Encourage the protection and enhancement of residential neighborhoods. Yes § 6.12 Target Area Redevelopment Special Overlay District This Section and subsections have numerous provisions aimed at accomplishing this recommendation. Promote the stabilization, revitalization and redevelopment of older neighborhoods. Yes § 6.12 Target Area Redevelopment Special Overlay District This Section provides a framework for designation of areas UDC Evaluation Page 26 Table 2.6, Plan CC Future Land Use, Zoning, & Urban Design Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments Promote residential and mixed-use development downtown. Yes • § 6.8 Mixed-Use Overlay District • § 6.11 Uptown- Downtown Mixed- Use (MUS) Special Overlay District • § 6.12 Target Area Redevelopment Special Overlay District • § 6.14 Alternative Housing Options These special districts create opportunities through overlay districts that support the redevelopment of properties into mixed-use developments. Some of these standards are specific to downtown neighborhoods others can be utilized in the downtown in additional zoning districts. Promote compact and walkable mixed-use urban villages that concentrate retail and services within walking distance of neighborhood residences and where they could support improved public transportation service, such as expected major. Yes • § 4.7 Cottage Housing District Regulations • § 6.8 Mixed-Use Overlay District • § 6.11 Uptown- Downtown Mixed- Use (MUS) Special Overlay District • § 6.14 Alternative Housing Options These sections provide regulations to create compact walkable neighborhoods and incorporate design standards to enhance sidewalks and neighborhood design. Promote compact and walkable mixed-use urban villages where they could support improved public transportation service. Partially • § 4.7 Cottage Housing District Regulations • § 6.8 Mixed-Use Overlay District • § 6.11 Uptown- Downtown Mixed- Use (MUS) Special Overlay District • § 6.14 Alternative Housing Options These sections provide the framework that could create densities supportive of mass transit; however, there are no direct requirements or provisions for creating transit stops or Transit Oriented Developments (TODs) specifically. Encourage and incentivize, with both financial and non-financial incentives, design standards that result in high quality built environments. Not Incorporated Not applicable There are no specific incentives for design standards to support this recommendation in the UDC Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. Yes • § 6.11 Uptown- Downtown Mixed- Use (MUS) Special Overlay District This Section has numerous provisions aimed at accomplishing this recommendation. UDC Evaluation Page 27 Table 2.6, Plan CC Future Land Use, Zoning, & Urban Design Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments • § 6.12 Target Area Redevelopment Special Overlay District Encourage direct arterial access for high- density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. Not Incorporated Not applicable There are no specific incentives for design standards to support this recommendation in the UDC Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. Partially § 7.3 Landscaping Contains buffer yard requirements for incompatible uses and to soften the appearance of vehicle areas/loading docks. Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. Yes § 7.3 Landscaping There are buffer yard requirements for incompatible uses and methods to create these buffers including fences and landscaped areas. Support policies and regulations that ensure orderly development in annexed areas, as rapid un-orderly growth can cause numerous urban problems that include traffic congestion and the inability to meet infrastructure needs. Partially 4.1.5 Newly annexed Territory The UDC includes annexation provisions; however, there are not very strict guidelines that require a development plan approval upon annexation. North Beach ADP Recommendations Table 2.7, North Beach ADP Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments Beachside Neighborhood - Cozy walkable residential neighborhood to include single/multi-family, cottages, townhomes, row houses and bed / breakfast businesses. Architectural and design incentives to create an intimate, resort-inspired, tourist/residential community. (Property surrounded by Gulfspray Ave., Gulf Breeze Blvd., Gulden St., and Surfside Blvd.) Partially Table 4.4.2 Permitted Uses (multifamily districts) The desired land uses are permitted in RM-AT, but the architectural and design incentives or standards are not in place. A unique opportunity for birding trails and Yes Table 4.4.2 Permitted Parks and Open Areas Use UDC Evaluation Page 28 Table 2.7, North Beach ADP Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments wetlands enhancement. (Wetlands area on north side) Uses (multifamily districts) Category is permitted in RM- AT. Policy Statement 2: Promote and develop a host of community and tourist destinations for North Beach. ...Proposed destinations could include: Water features; Public plazas; Exhibitions of public art Not incorporated Not applicable The UDC does not have substantial building design requirements, nor does it have requirements or incentives for hosting of public art, plazas, and other outdoor amenities for larger developments. Policy Statement 5(a): Require new development to follow common coastal architectural themes: balconies, cupolas, or widow’s walks, etc. Commercial requirements should provide incentives for creation of plazas, outdoor seating areas, fountains, public art, shade structures or other features that build on the coastal design theme. Not incorporated Not applicable Policy Statement 5(b): Pedestrian oriented uses should be emphasized. Not incorporated Not applicable Remove the uses allowed in CR-3 (the zoning district geared for North Beach) that are not particularly pedestrian oriented, including Commercial Parking Use Category, Game processing, and auto rental. Development regulations in Table 4.5.4 have a shorter minimum setback than other districts but could incorporate a maximum setback to force buildings closer to the street. Policy Statement 5(c): Parking requirements should be altered to encourage development of buildings / destinations on beachfront property. Not incorporated Not applicable Consider allowing off-site parking for a nonresidential use to be located in a residential zoning district with a Special Permit, rather than prohibiting it. UDC Evaluation Page 29 Downtown ADP Recommendations Table 2.8, Downtown ADP Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments Utilize additional resources to help make possible the development, renovation and preservation of affordable/ workforce housing serving a broad spectrum of incomes. Partially • Sec. 4.3.4 Zero Lot Line • § 4.7 Cottage Housing District Regulations • § 6.7 Clustered Development Overlay District The UDC contains provisions attempting to make housing more affordable, but none targeted to the CBD zoning district. The provisions for zero lot line, cottages, and clustered housing are more geared toward suburban and semi-urban character. Encourage reinvestment in privately-owned vacant buildings or lots in prominent areas. Yes § 7.12 Adaptive Reuse Development Standards The purpose of this Section is to encourage the re-use of existing buildings downtown and in other areas. Where extended vacancy is anticipated, seek opportunity for temporary “pop-up” programming of vacant lots and storefronts, by arts or recreation organizations or other entities. Yes • § 3.21 Temporary Use Permit • § 5.4 Temporary Use Standards "Temporary Retail Sales" could be added to 5.4.2. Temporary Use Permit Required, with an allowance of occurring more than 4 times per year if taking place in an existing building downtown. The City could also reduce the permit fee for temporary retail sales Downtown in an existing building. Create safe walking and biking conditions. Partially • 6.11.3 Uptown- Downtown (MUS) Special Overlay District Standards • § 6.13 Streetscape Zone Standards Consider widening the sidewalk requirements for local streets downtown and requiring modest bicycle parking requirements. UDC Evaluation Page 30 Mustang-Padre Island ADP Recommendations Table 2.9, Mustang-Padre Island ADP Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments An interdisciplinary site plan review process should occur for all commercial and multi- family residential development on the Islands. Partially § 2.7. Technical Review Committee The TRC makes recommendation on several applications, but this Section could specify that it reviews all nonresidential and multifamily applications on the Island. Mustang and Padre Islands will not be considered for sanitary landfills or other solid waste disposal, except for dredge materials. No Not applicable Modify 6.4.4, Use Regulations, to prohibit the Waste-Related Service Use Category. Encourage the protection of the Islands’ environment by considering innovative design techniques, implementation of incentives for developers, and allowing higher than typical development density in uplands where practical. No Not applicable There are no incentives for increased density or clustering for the Island Overlay. An additional overlay would have to be added to do clustering on the Island. Develop a revision to the landscape requirements in the (UDC) to create an indigenous species and wetlands allowance for landscaping on the barrier islands No Not applicable Neither the general landscape provisions, nor those specific to the Island contain such allowances. Encourage use of native coastal plant species and discourage the use of invasive species. Partially Appendix A to § 7.3 Landscaping The UDC has no prohibitions for exotic plants but does have a xeriscape list. Development that is visible from designated arterial thoroughfares must have a well- planned urban design theme creating a sense of place. Yes § 6.4 – IO, Island Overlay The provisions of this Section implement this recommendation. The Islands’ landscape requirements for street yards adjacent to SPID and SH 361 will be of a higher standard than is typically required elsewhere in the City. Variances to reduce the landscaping requirements for development in this Plan Area will be discouraged. No Not applicable The Island Overlay does not have special requirements for these thoroughfares, nor does § 3.25 Variance contain limitations on landscape variances or heightened review criteria for The Island. Signage requirements should promote a coordinated and cohesive design and reinforce a desirable identity of the Islands. Yes 6.4.9. Sign Requirements The provisions of this Section implement this recommendation. Encourage placement of public art on roadway medians and other public or private properties. Partially 6.4.5.Off-Street Parking and Loading Regulations This Section allows fewer off- street parking spaces in exchange for public art. Other incentives could be offered in a similar manner. UDC Evaluation Page 31 Table 2.9, Mustang-Padre Island ADP Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments A "Mixed Use" area should be developed using a PUD zoning district or other equivalent zoning category. No Not applicable The Island Overlay does not contain provisions encouraging or requiring mixed use. An additional overlay would have to be added do mixed use on the Island. Require nonresidential uses to mitigate any negative effects on adjacent neighborhoods. Yes § 5.2 Specific Standards The provisions of this Section implement this recommendation. Industrial uses and sexually oriented uses are incompatible with and may threaten residential land uses, the natural environment and the family tourist orientation of the Islands. And Manufactured homes are prohibited on the island. Partially 6.4.4 Use Regulations There appear to be no IL, IH, or R-MH zoning districts on the Island. Modify 6.4.4 to prohibit the Industrial Use Categories, sexually-oriented business, and manufactured home in the Overlay regardless of the underlying zoning district. Utility lines will be placed underground, where practical, and will minimize disturbance of wetlands, dunes, or other sensitive habitats and wildlife No Not applicable The UDC does not require or encourage the placement of utility lines underground in any setting. Develop design compatibility guidelines and require new oil and gas producers to conform to these standards. No Not applicable The UDC does not have compatibility standards for oil and gas producers. Strategic Plan for Active Mobility (Bicycle Plan) Recommendations Table 2.10, Strategic Plan for Active Mobility Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments Revise land use/development codes to require bicycle parking minimums, possibly as a ratio to vehicle parking, to ensure that bike parking facilities are included in new development/redevelopment projects as well as streetscape elements in public rights-of-way for roadway corridor projects. No Not applicable Bicycle parking is allowed but not required. Incentivize provision of supplemental bicycle parking and other trip-end amenities through reduced vehicle parking requirements. Yes 7.2.4.F. Bicycle Parking Assistant City Manager of Development Services may reduce parking requirements where bike parking is present UDC Evaluation Page 32 Table 2.10, Strategic Plan for Active Mobility Recommendations Summary Plan Recommendation Incorporated Into UDC Sec. Number(s) Comments on a case-by-case basis. Revise land use/development codes to define vehicle parking maximums rather than minimums. No Not applicable The required parking ratios are currently based on minimums only. Revise land use development codes by replacing reference to a "Bicycle Parking Manual" with an adopted Bicycle Parking Ordinance. No Not applicable The Bicycle Parking Manual is referenced in the UDC, but it currently does not exist. Revise land use/development codes to define a mechanism by which developers' contributions in lieu of land dedication may be used to build out the bicycle infrastructure network. No Not applicable Bike facilities could be incorporated into the Fee in Lieu of Land provisions. Appendix K: Model Bicycle Parking Ordinance No Not applicable Incorporate selected provisions from these model regulations. UDC Evaluation Page 33 SECTION 3. UDC BEST PRACTICES This Section measures Corpus Christi's UDC against seven principles found to make development codes work well, regardless of the Plan policies the Code is meant to implement. SEVEN UNIFIED DEVELOPMENT CODE PRINCIPLES 1. Organize development regulations in an intuitive order in the form of a Unified Code. 2. Adopt regulations that comply with the Constitution, state statutes, and case law. 3. Adopt standards that allow more staff approval rather than Special Permit or Special Use Exception approval. 4. Standardize and streamline development review procedures and reward applicants who satisfy all Code requirements with a predictable and timely procedural outcome. 5. Provide opportunities for mixed-use and low-impact developments that do not require Planned Unit Development review and approval. 6. Facilitate infill and redevelopment. 7. Encourage affordable housing. UDC Evaluation Page 34 Principle 1. Organize Regulations into a Unified Code Corpus Christi had the foresight eight years ago to adopt a UDC within which most development regulations reside. As part of a revision to the UDC, the City should consider bringing relevant portions of the City Code into the UDC, as shown in Table P1..1, Development Related City Code Provisions. Stakeholder Interview Take-Away Stakeholders commented that conflicts between the UDC and the City Code put the City staff in a difficult position, resulting in differing staff responses to various land use proposals. Table P1.1, Development-Related City Code Provisions City Code Citation Potential UDC Location Chapter 2, Article IV, Division 11, Airport Zoning Commission, and Division 18, Landmarks Commission Article 2 UDC Organizations and Officers Chapter 4, Sec. 4-5., Prohibited Location of On-Premises Alcoholic Beverage Establishments § 5.2 Specific Standards Chapter 6, Article VI, Sec. 6-154., Keeping of Any Livestock or Fowl § 5.2 Specific Standards Chapter 6, Article VII, Beekeeping § 5.2 Specific Standards Chapter 10, Beachfront Management and Construction § 1.11 Definitions; Article 3 Development Review Procedures; Article 7 General Development Standards Chapter 14, Article XII, Industrialized Housing § 4.3 Single-Family Residential Districts Chapter 48, Sexually Oriented Businesses § 1.11 Definitions; § 7.5 Signs; Article 9 Nonconformities; Article 10 Enforcement Chapter 51, Tourist Courts § 5.2 Specific Standards At minimum, if the City does not want to transfer the above City Code provisions to the UDC, an update of the UDC should reconcile or remove any conflicting provisions with the City Code. Table P1.2, Conflicting Provisions in City Code and UDC, delineates such conflicts in the two documents. Table P1.2, Conflicting Provisions in City Code and UDC Term or Standard UDC Citation Conflicting City Code Citation Notes Powers and Duties of the Planning Commission § 2.3 Planning Commission City Charter, Chapter 1, Article V, Planning Overlapping repetitive provisions regarding powers and duties Location of Bar, Tavern, Pub 5.2.7 Bar, Tavern Pub Chapter 4, Sec. 4-5., Prohibited Location of On- Premises Alcoholic Beverage Establishments Conflict between separation provisions between alcohol sales and protected uses (schools, places of worship, etc). Visibility Triangle 4.2.9 Visibility Triangle Sec. 53-261 Visual Obstructions at Street Intersections Conflict between dimensions of triangle and where it applies. Live stock pens, stalls, etc. 5.3.2.B Animal Pens and Fenced Pasture Chapter 6, Article VI, Care and Keeping of Animals Conflict between setback requirements for pens UDC Evaluation Page 35 Table P1.2, Conflicting Provisions in City Code and UDC Term or Standard UDC Citation Conflicting City Code Citation Notes Controlled Hunting and Fishing § 6.5 Air Installation Compatible Use Zones (AICUZ); Table 6.5.4 Chapter 6, Article VII, Wildlife and Bird Sanctuaries Potential conflict between where UDC permits limited hunting and fishing in APZ which may overlap with sanctuaries identified in City Code where any hunting and fishing is prohibited. Beachfront Dune Development § 3.7 Master Preliminary Plat; § 3.13 Dune Protection Permit Chapter 10, Beachfront Management and construction Repeated and overlapping standards and review provisions in the UDC and City Code for master planned developments related to beach/dune development. Industrialized Housing 4.3.7.B Construction or Installation of Industrialized Housing Chapter 14 , Article XII Industrialized Housing Conflict over usage of "two-family" and duplex and several overlapping and similar requirements Definition of Farmer's Market § 1.11 Definitions Sec. 19-1 Definitions Conflict between items allowed to be sold at a farmer's market Sidewalk or Street Displays of Food 6.13.2.G Displays and Equipment Sec. 19-9 Sidewalk or Street displays Conflict between whether or not outdoor dining is allowed in something like a sidewalk cafe Food Establishments 5.2.11 Restaurant Sec. 19-15 Animal and fowl prohibited; exception Discrepancy between separation of food establishments and animal-related establishments Outdoor Lighting 7.6.3 Light Trespasses Sec. 23-59 Lights and lighted signs; annoying glare, etc. Conflict over light trespass onto residential property (any trespass at all versus 1.0 footcandle trespass) and lighted separation from residential property (200 feet versus shorter distances) Mobile Food Vending § 3.21 Temporary Use Permit and § 5.4 Temporary Use Standards Chapter 38 Peddlers, Vendors, Mobile Food Vendors, Itinerant Merchants And Solicitors Conflicts, overlaps, and discrepancies for vendors and mobile food vendors on private property (as opposed to door-to- door sales or sales taking place in the public ROW) Sidewalk Width Tables 8.2.1B and 8.2.1C Sec. 49-35, Detailed Specifications Conflict over required sidewalk width Recreational Vehicle Parks/ Automobile Tourist Courts 6.1.2 RV Park District Sec. 51-1 Definitions; Sec. 51- 9 Water supply generally; and 51-11 Collection and removal of garbage and waste If RV Parks and automobile tourist courts are equated, conflict over minimum lot area and width Making the UDC and City Code more consistent with one another will result in greater consistency in Staff responses and less frustration from the development community. UDC Evaluation Page 36 Principle 2. Adopt Regulations that are Legally Defensible RLUIPA. Aside from a few incidental uses of the term "church," the UDC appears to comply with the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), which requires that in most cases, places of worship should be treated in the same manner as other places of public assembly, and that various types of places of worship (e.g., churches, mosques, and temples) be regulated evenly among one another. The Places of Worship Use Category is currently prohibited in all single-family and industrial zoning districts and permitted by-right in all multifamily and commercial districts. On the other hand, the Community Service Use Category, which includes community center, library, museum, philanthropic institution, senior center, youth club facilities, and zoo, are permitted with limitations and prohibited in the same sets of zoning districts. Combining the Community Service and Places of Worship Use Categories into one would facilitate treating all RLUIPA-related uses the same. Group Homes and Definition of "Family". The UDC correctly permits group homes with six or fewer residents by-right in the same manner as it permits single-family detached residences. The UDC's definition of “family” could be modified to take into account protected classes, such as the physically and mentally handicapped. As such, the City could consider modifying the definition to take into account unrelated persons making up a household, as it already does, plus necessary staff, living together in a state-licensed group home. In addition, it is advisable to make it more clear that, in the definition of "family," a boarder is a single person with a rental contract, and that a family of boarders does not equate to one boarder. Finally, the City should remove the term "community home (6 or fewer residents) from Table 4.3.2 as the defined term Community Home just below it is adequate. Content-Neutral Sign Regulations. The City Council amended the Signs section of the UDC in August 2018 in order to eliminate provisions that were not content-neutral. This was in an effort to bring the UDC in compliance with the U.S. Supreme Court’s 2015 decision in Reed v. Town of Gilbert, which said that local Figure P2.1, The UDC Should Treat Community Service and Places of Worship Uses the Same Figure P2.2, The UDC Should not Distinguish Between Real Estate and Directional Signs UDC Evaluation Page 37 governments must only regulate the height, number, placement, timing of images, and face area of a sign. The wording, specific images, and purpose for a sign do not come into play in terms of how to regulate it. The following are terms that remain in § 7.5 Signs, that regulate signs based on content and thus, warrant revision: • Address Sign • Construction Sign • Home Occupation Sign • Institutional Sign • On- and Off-Premises Directional Sign • Real Estate Sign • Subdivision Development Sign In addition, the amendments from August 2018 contain language that do not pass content neutrality in that they tie the allowance of banners in certain situations to the banner having a commercial message. UDC Jurisdiction. The entire UDC currently applies in the City limits. In the ETJ, only matters related to signs and platting apply. The City could extend other provisions from Article 7, General Development Standards, such as landscaping, to areas of the extraterritorial jurisdiction or to selected corridors outside of the City limits, such as: • State Highway 44; • The westbound side of Northwest Boulevard; and • Segments of Up River Road. Network Nodes in the ROW. In 2017, the State of Texas created Texas Local Government Code Chapter 284 to require local jurisdictions to allow "network nodes" (including wireless facilities) access to public rights-of-way. These nodes are commonly in the form of small cell towers, as show in Figure P2.3, Small Cell Tower in Another Community. In addition, the Federal Communications Commission (FCC) issued a Declaratory Ruling in September 2018 generally prohibiting cities from outright denying the location of these facilities in public rights- of-way. The FCC stated, however, that cities can adopt reasonable standards regarding location, applications, fees, aesthetics, and height as long as they are not overly burdensome. The City adopted a stand-alone ordinance that addressed this outside of UDC in 2018. § 5.5 Wireless Telecommunication Facilities could be updated to codify this ordinance. Figure P2.3 Small Cell Tower in Another Community UDC Evaluation Page 38 Principle 3. Allow More Administrative Decisions Any developer will rightly make the claim that "time is money". The longer it takes for a development project to be reviewed, processed, approved, and permitted, the greater its effective costs. Another day without a homeowner in place or final user of a shopping center open for business is another day without the property being sold or leased and put to use. One day of unnecessary delay for one property may be negligible, but several days' delay for multiple properties throughout the year eventually has an impact on the local economy. Further, such cumulative delays hamper economic development and add to development costs, which are passed on to the end user. In this way, not only are procedural delays inconvenient, but they also lead to increased lot and housing costs, commercial rents, and higher percentages of household incomes. For City staff, more public hearings equates to more paper work and more time devoted to preparing it. Public notifications, staff reports, PowerPoint and spoken presentations for requests that everyone (except for maybe the applicant) knows are routinely approved can make a staff planner's work life less than fulfilling. For these reasons, it makes sense to look for opportunities in the UDC to shift approval authority from a public review body (such as the Planning Commission or Board of Adjustment) to the Development Services staff, where the law allows. Of course, such administrative approvals warrant clear, articulate, and objective standards for use in making such decisions. Some procedures, such as rezonings, variances, or special permits, will always involve public hearings, especially those required by state law. In these cases, the key is to find opportunities to reduce the need for such requests in the first place. Special Permit and Special Use Exception. The UDC has two separate, but very similar, procedures for certain uses: a Special Permit and a Special Use Exception. Table 3.1, Special Permit And Special Use Exception, compares these two procedures. Table P3.1, Special Permit And Special Use Exception Characteristics Special Permit Special Use Exception Review and Recommendation Bodies Technical Review Committee, Planning Commission Technical Review Committee Final Action Body City Council Board of Adjustment Uses Airport, Bed and Breakfast, Cemetery, Commercial Amphitheater, Commercial Child Care, Detention Facility, Farmers Market, Heavy Industrial Use Category, Indoor Recreation Use Category, Outdoor Recreation Use Category, Resource Extraction Use Category, Social Service Use Category, Waste-Related Use Category, Warehouse and Freight Movement Use Category, Wholesale Trade Use Category • Storage of explosives or other hazardous materials • Above ground fuel tanks Review Criteria • Consistent with Comprehensive Plan • Compatible with surroundings • Minimized impact on public infrastructure • Welfare of adjacent properties • No adverse impact on adjacent uses • Conformance with remainder of • Conformance with remainder of UDC • Minimized impact on public infrastructure • No excessive nuisances for residential area • Measures to control nuisances UDC Evaluation Page 39 UDC • No excessive nuisances for residential area • Ample parking and loading Rather than have a separate review procedure (Special Use Exception) for only two land uses, the UDC should deem storage of explosives or other hazardous materials as prohibited in residential zoning districts and Permitted with Limitations (i.e. administratively approved) in most nonresidential districts. Likewise, above-ground fuel tanks should be prohibited in single-family zoning districts and Permitted with Limitations in most nonresidential districts. Stakeholder Interview Take-Away One of the clearest takeaways from the stakeholder interviews was that, generally, the development community and decision-makers (such as members of the Planning Commission) are very much in favor of delegating approval authority to staff, as opposed to requiring a public hearing or meeting to take action on a given application. The limitations tied to the two uses would reflect the current review criteria for a Special Use Exception and would allow the uses to be approved under administrative review, rather than requiring a public hearing for the Board of Adjustment to decide. See Principle 4. Standardize and Streamline Review Procedures, for a recommendation on changing the review process for Special Permits. In addition, an update of the UDC should seek opportunities to streamline the current process where an applicant must apply for a Special Permit for a potentially inappropriate zoning district and receive a denial recommendation from the Planning Commission, which then enables the applicant to seek a Special Permit for a single use in that zoning district. Variances. The Board of Adjustment saw just under 20 variances from 2016 to 2018. This is not a very significant number of cases, considering the population of Corpus Christi (by way of reference, comparably-sized Lubbock recently had 14 variances on a single agenda). Two of the more common requests included encroachment of swimming pools into required setbacks and reduction or elimination of landscaping and bufferyards. Residential swimming pools are counted as accessory structures and so according to § 5.3 Accessory Uses and Structures, must meet all setbacks required for a principal building. Section 5.3.2, Specific Accessory Uses and Structures, could be amended to allow more flexibility in placement of pools, especially on corner lots where the typical setbacks consume a great deal of lot area. Alternatively, in-ground pools could be allowed to encroach a specified distance into any residential setback, as appears to be the current Staff practice. In order to potentially remove some of the need for a public hearing and Board of Adjustment decision on reduced landscaping, the UDC's provisions on Alternative Compliance in Section 7.3.4 could be amended to allow the Assistant City Manager of Development Services (ACMDS) to make the final decision, similar to how, in Section 7.9.2., the ACMDS makes the final decision for bufferyard alternative compliance. These two Sections could be merged to cover all landscaping situations, with the ability of the ACMDS to refer the request to the Board of Adjustment. UDC Evaluation Page 40 Waivers. Subsection 3.8.3.D, Waivers, allows for an applicant to design a subdivision that does not comply with the standards of Article 8, Subdivision Design and Improvements. These standards include: • Streets • Sidewalks • Easements • Blocks • Lot Grading • Water • Wastewater The Planning Commission takes final action on a waiver request and may approve, approve with conditions, or deny the application. A key difference between a Waiver and a Variance is that a Variance: 1) requires a hardship while a Waiver does not; 2) is only related to zoning-related standards such as building or sign height or setback; and 3) is acted upon by the Board of Adjustment after a public hearing. A simple change that would promote user-friendliness of the UDC would be to "promote" the Waiver procedure up to the Section level. A more substantial change would be to build in more provisions so that a Waiver request could be administratively approved. Below are recommendations for allowing greater administrative discretion for sidewalk, water and wastewater, and other public facilities. Waiver Review Criteria 1. The granting of the Waiver shall not be detrimental to the public health, safety or general welfare, or be injurious to other property in the area, or to the City in administering this Unified Development Code; 2. The conditions that create the need for the Waiver shall not generally apply to other property in the vicinity; 3. Application of a provision of this Unified Development Code will render subdivision of land unfeasible; or 4. The granting of the Waiver would not substantially conflict with the Comprehensive Plan and the purposes of this Unified Development Code. Stakeholder Take-Away During interviews with the consultant for this project, stakeholders had the following comments about Waivers. • UDC should allow a sidewalk Waiver administratively if the subject property meets certain characteristics. • The Waivers section is “hidden” within the Preliminary Plat provisions. • A property more than 1,000 feet from sewer is eligible for a Waiver from the requirement to connect. • Wastewater Waivers have pretty well spelled out criteria but the Planning Commission still has to take action. Make this action administrative. Sidewalks Stakeholders noted that sidewalk Waiver requests are very common and routinely approved by the Planning Commission. They requested that the City consider an administratively approved Waiver for sidewalks. The Waiver provisions could be amended to provide review criteria, in addition to those that already exist in the UDC, that would allow for administrative approval of the request pending affirmative findings for applicable criteria from the Assistant City Manager of Development Services (ACMDS). Such amendments could include the following review criteria in relation to sidewalk Waivers: • For a residential subdivision, all lots are greater than one acre in area (sidewalks are already not required in the F- R, Farm-Rural, and RE, Residential Estate zoning districts). • For a situation such as a residential replat, a minimum of 50 percent of the improved lots within 500 feet of the replatted lots and located on the same side of the street as the replat, are without sidewalks. • The Waiver does not preclude the City from installing sidewalks at some later date and assessing the abutting owners for the cost of the installation. • Pedestrian traffic will be accommodated internally on the property with trails or a walkway outside of the public right-of-way, or a striped pedestrian zone on the edge of the street. • The subdivider has committed to paying a fee-in-lieu of construction of sidewalks, payable prior to recordation of the subdivision plat. UDC Evaluation Page 41 If the ACMDS cannot make affirmative findings on the administrative approval criteria, then the request would still be eligible for final decision by the Planning Commission. The City should also make clear the contexts that are not eligible for a Waiver, such as Downtown, in the Island Overlay, or within a certain proximity, such as 1,000 feet, from a school, park, bus stop, or other similar public amenity. For the fee-in-lieu of sidewalk construction listed above, the fee would be based on the cost of construction of a required sidewalk in the subdivision. In order to pay the fee-in-lieu, the subdivider would still have to dedicate the required right-of-way for the sidewalk. The fee would need to go into a dedicated account and be applied in a rational manner, in districts that would be set up throughout the city. This would ensure that residents in the vicinity of the development would receive the benefit of the fee in the form of coordinated sidewalk construction undertaken by the City. Water and Wastewater As with sidewalks, the UDC could contain review criteria that would allow the ACMDS to approve Waivers related to water and wastewater, pending affirmative findings on relevant review criteria such as likelihood of annexation over the next 15 years and distance from existing water and wastewater (more than 1,000 feet). Other Public Facilities It is common practice that a City cannot deny a subdivision plat if the plat complies with the standards for subdivisions in the UDC. However, the existence of a Waiver request, on its face, indicates that the subdivision does not comply. Therefore, the City has an advantage, when an applicant requests a Waiver, to require enhancements to the subdivision that it might not have ordinarily been able to get. The UDC could be updated to include Design Principles that contain characteristics to which all subdivisions should aspire, but that are not mandatory if the subdivision does not need a Waiver. If the subdivision needs a Waiver, then these enhanced characteristics should be "on the table" and subject to inclusion in the design of the subdivision in order to mitigate the request. Design Principles may include the following: • Compatibility. Designed in a way that provides space for appropriate buffering and transitions between land uses or changes in density or intensity; • Environment. Preserves and protects environmental resources to the benefit of the property to be subdivided and abutting properties; • Connectivity. Provides context-sensitive vehicular and pedestrian linkages (where not already required), providing access while protecting neighborhood integrity and individual property values; • Level of Service. Does not reduce the level of service of public infrastructure provided to the subdivision and surrounding developments; • Tree Preservation. Where not already required for preservation, large individual trees, tree masses, and plant materials are preserved where practicable. • Visual Qualities. The system of roadways and sidewalks and the lot layout are designed to take advantage of the visual and environmental qualities of the area; and • Renewable Resources. The blocks, lots, and buildable areas of a subdivision are designed to take full advantage of sun and shade, where appropriate, wind, and other sources of renewable energy. UDC Evaluation Page 42 Principle 4. Standardize and Streamline Review Procedures An effective UDC must have efficient development review processes. This goes hand-in-hand with Principle 3, which recommends increased administrative approvals, as opposed to more applications that require public hearings. Efficient development review is achieved when the framework for permitting is not redundant (and therefore less open to inconsistencies), the procedures and review standards result in a reasonable degree of certainty in the outcome Stakeholder Interview Take-Away During interviews with the consultant for this project, stakeholders commented that streamlining procedures so that everyone knows what to expect could allow developers to live with increased standards. for the applicant, and the review process for each application is streamlined to the greatest degree possible. Streamlining of review procedures is accomplished in a number of ways, including: • Consolidation of permit processes; • Reduction of review steps; • Increased administrative review, rather than discretionary review, as discussed in Principle 3; and • Indirectly, through the consolidation of zoning districts with variable development options (conventional, cluster, and planned, as discussed in Section 4. Zoning Districts and Land Uses). Development Review Tables. § 2.12 Summary of Review Authority, makes a good start at consolidating most of the essential review procedures related to each application into one table. An advantage of such consolidation is that contradictions and inconsistencies between review procedures become more apparent and avoidable when the need arises to amend the UDC. However, the table could be modified to become a "master table" for Article 2 and Article 3 of the UDC, in the manner shown in Figure P4.2, Comparison of Development Review Tables, below. Figure P4.2, Comparison of Development Review Tables UDC Evaluation Page 43 The UDC's existing Development Review Summary table on the left, above, shows: • Each development review procedure; • Which development review bodies make a recommendation or final decision; • Whether a public hearing is required; and • A link to the detailed steps of the procedure in Article 3. The Development Review Summary table could be amended to look more like the sample table on the right. The sample table shows the same information as the existing one, but also includes: Stakeholder Interview Take-Away During interviews with the consultant for this project, and in the Customer Services Performance Assessment, stakeholders consistently commented that the City could improve in the area of making more consistent interpretations. In addition, Staff stakeholders asserted inconsistencies in the text are a main weakness. The result is that customers sometimes get differing answers when they pose similar questions to varying Staff members. • The timing of when an applicant would need to submit (before or after certain other approvals); • When the approval expires if no progress is made toward the next required approval; • Links to standardized review steps for each application (e.g., Pre-Application, Completeness Review, Staff Review and Referral, etc.); and • Links to associated standards for each application (e.g., a reference to the Temporary Use Standards for the Temporary Use Permit). The benefit of such a "master table" is that the bulk of the development review provisions in the UDC are consolidated in one location. This approach reduces the likelihood of conflicts when drafting revisions to the UDC because all of the relevant information is on one page and potential inconsistencies become more obvious. In addition, it allows applicants to see, in one place, which applications they will need to prepare and submit in order to develop a piece of property. UDC Evaluation Page 44 Special Permits. Table P4..1, Special Permit Uses and their Districts, shows the uses that require a Special Permit in the UDC. Special Permits cannot be administratively approved in the UDC. They require a public hearing. Special Permit uses have a greater potential for a nuisance effect on surrounding properties than do uses that are Subject to Limitations in the UDC. Therefore, Special Permit requests currently require review by the Technical Review Committee and public hearings before both the Planning Commission and City Council. Along with the elimination of Special Use Exceptions, as recommended in Principle 3. Allow More Administrative Decisions, the City could update the UDC to change the final decision-maker for Special Permits from the City Council to the Planning Commission. Eliminating the City Council's hearing would typically shorten the review process by two months. Another option would be for the Board of Adjustment to make the final decision on Special Permits, as the following Texas cities have done. • Kennedale • Lindale • Lubbock • Pearland • San Benito • Stephenville Written Interpretations. § 3.23 Written Interpretation empowers the Assistant City Manager of Development Services (ACMDS) to make interpretations of the UDC when questions arise. The guidance for making an interpretation is minimal. In order to have a more standardized process, based on a consistent set of review criteria, this Section could contain criteria like the following: • The materials or scenario posed by the applicant; • The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in a dictionary of common usage; • The provisions of § 1.11. Definitions; • The purpose statement for the UDC section that is subject to interpretation; • Any provision of this UDC, Plan CC, Texas State law, or Federal law that are related to the same subject matter; • Any technical meanings of words used in the provision subject to interpretation; • Other interpretations rendered by the ACMDS associated with the same or related provisions of this UDC; Table P4.1, Special Permit Uses and their Districts Use Districts Airport or landing field CN-1, -2, ON, CR-1, -2, -3, CG-1, -2, CI, CBD, BP Bed and breakfast home FR, RE, RS-22, -15, - 10, -6, R-TF, R-TH Cemetery, columbaria, mausoleum, memorial park (expansions) IL, IH Commercial amphitheater CR-1, -2, -3, CG-1, - 2, CI, CBD, BP Commercial child care IL, IH Detention facility CG-1, CI, CBD Farmers market CN-1, -2 Heavy Industrial Uses (most) IL Indoor Recreation Uses (most) ON Outdoor Recreation Uses (most) CN-1, -2 Resource Extraction Uses IL Social Service Uses CG-1, CI Stockyard IH Tannery IH Telecommunication tower (monopole) All residential Telecommunication tower (monopole, greater than 85' and all others greater than 50') All nonresidential Warehouse and Freight Movement Uses CI, BP Waste-Related Uses (most) CI, BP Wholesale Trade Uses CI Stakeholder Interview Take-Away During interviews with the consultant for this project, stakeholders had the following comments about staff Interpretations of the UDC. • There are inconsistencies in Staff interpretation. • Applicants have had suspicion of how other developments were approved. A clearer UDC Evaluation Page 45 • The legislative history of the provision subject to interpretation; or • Sources outside of the UDC that provide additional information on the provision in question, such as technical or professional literature. UDC would fix that. • Staff practice should be incorporated into the UDC. • New staff members may read the UDC in black and white and enforce it accordingly. Older staff members may not, based on institutional knowledge. More significantly, there are a number of written interpretations on file with Development Services that should be codified into the UDC so that everyone is on notice that they apply. Otherwise, a designer or subdivider is oblivious to their existence until he or she runs afoul of the requirement. Table P4.2, Uncodified Written Interpretations, shows those interpretations and how they can be addressed in the UDC. Table P4.2, Uncodified Written Interpretations Subject of Written Interpretation Applicable UDC Section(s) Comments Microbreweries and Brewpubs § 1.11. Definitions, § 4.5 Commercial Districts, § 4.6 Industrial Districts Would provide definitions, describe what districts would allow them, and establish specific use standards. Cart-Away Concrete § 1.11. Definitions, 5.1.5.D. Wholesale Trade Add "cart-away concrete mixing" to the Wholesale Trade Use Category so that it is clearly allowed in the IL, Light Industrial zoning district. Outdoor Display, Sales, and Storage of Light Agricultural Equipment § 1.11. Definitions, 7.4.5 Exceptions Define "light agricultural equipment" and allow it to be exempt from the outdoor display requirements, along with portable buildings, automobiles, boats, boat trailers, motorcycles, Manufactured Homes, or Recreational Vehicles. Replatting a Duplex into Single- Family Attached § 3.11 Replat Without Vacation Codify the Staff determination that replatting a duplex lot into a two-family attached lot causes problems with existing utilities and is generally not permitted. Site Plan Preparation by Engineer § 3.17 Site Plan Review Clarify that site plans shall be prepared, signed, and sealed by a state licensed Engineer when a private commercial development project exceeds the engagement thresholds established by the Texas Engineering Practice Act. Emphasize that the City reserves the right to require any site plan be prepared, signed and sealed by a state licensed Engineer, if unusual or complex site conditions exist. Changes to Street Names After Plat Approval 3.1.9. Corrected Applications State that changes to street names are not permitted after a plat is approved, but prior to recordation. Houses Across Lot Lines 4.2.2. Lot Area For single-family dwellings that already cross a lot line, would allow additions to the house or detached accessory structures without consolidating the lots. Deck and Staircase Encroachments into Setbacks 4.2.5.D Features Allowed Within Required Yards Add staircases, under certain parameters, to the list of features allowed to encroach into a side yard. In addition, define "unenclosed" as allowing a roof but no side walls. UDC Evaluation Page 46 Table P4.2, Uncodified Written Interpretations Subject of Written Interpretation Applicable UDC Section(s) Comments Encroachments into Utility Easements Clarify that encroachments are not permitted in utility easements with water, wastewater, or drainage facilities. Water-Oriented Subdivision Setbacks 4.3.3. Residential Development Standards Add that residences in water-oriented subdivisions may have a reduced "front" setback since the front of the houses are typically oriented toward the water rather than the street. Outdoor Recreation in Light Industrial 4.6.2. Permitted Uses Add the Outdoor Recreation and the Indoor Recreation Use Categories as a whole, or selected uses, as permitted by right or by Special Permit in the IL, Light Industrial zoning district. Indoor Recreation in Light Industrial Nonconforming Above-Ground Fuel Storage Tanks 5.3.2.C Fuel Storage Clarify that a nonconforming above-ground fuel storage tank may be replaced with a tank with equal or lesser capacity without requiring a rezoning. Accessory Uses on Same Lot as Primary 5.1.1.F. Accessory Uses Clarify that an accessory use or structure has to be on the same lot as the principal use or structure. Online Fire Arms Sales as Home Occupations 5.3.2.F Home Occupation Allow fire arms sales as home occupations provided that they are entirely online with no in-person retail traffic. Right-In / Right-Out Driveway Spacing 7.1.7.A. Driveway Spacing Allow right-in / right-out driveways to have a narrower separation than two-way driveways. In addition, allow the City Engineer to administratively approve arrangements that meet generally accepted engineering practices. Shared Parking in Differing Zoning Districts 7.2.4.E Shared Access and Parking Allow more flexibility in sharing parking spaces when the shared lot is in a less intense (but still nonresidential) zoning district. Shared Parking with Public and Civic Uses Allow more flexibility for a commercial use to share parking with a nonresidential use that is permitted in a residential district (such as a place of worship). Screening Credit for Residential Fences 7.3.10. Requirements for Buffering Incompatible Uses State that a nonresidential development cannot receive screening credit by relying on an adjacent residential fence. Modifications to Nonconforming Signs 7.5.22. Existing Signs Allow structural modifications to nonconforming signs if certified as eminently necessary for public safety by a licensed engineer. Photometric Surveys § 7.6 Outdoor Lighting Add that a photometric survey is required for nonresidential projects to show compliance with the Outdoor Lighting standards. Where Bufferyards are Required 7.9.3. When Required Remove "...adjacent to any one-or two-family districts and between industrial districts adjacent to commercial districts," and let the Tables 7.9.5.A and 7.9.5.B control where buffers are required. UDC Evaluation Page 47 Principle 5. Provide for Mixed-Use and Low-Impact Developments by Right Mixed-Use Development Ideally, good developments that contain a mix of uses and housing types, retention of natural resources, centers of activity, and human-scaled amenities should be procedurally as easy, if not easier, to accomplish than those with inverse characteristics: a single housing type, that ignores the original natural resources on the site, and relies completely on motor vehicles for transportation into, around, and out of the development. Approval should be as certain and as quick as possible (in other words, by-right), rather than uncertain and time consuming as one would expect with a Planned Unit Development (PUD) or other overlay districts found in the UDC. In the early use of PUDs, they were an “escape hatch” for the rigidity of standard zoning districts and their dimensional requirements. The intent was to allow mixing of uses or to save a little additional open space or natural features by allowing modification of dimensions (minimum lot size or width, for example). As zoning techniques providing flexibility are formulated, this tool becomes less important. However, the ability to apply for a PUD is often retained in UDCs to, ideally, enable development of difficult, resource-constrained sites. Stakeholder Interview Take-Away During interviews with the consultant for this project, stakeholders had the following comments about PUDs. • PUDs are not used the way they are supposed to be in the UDC. They are used to fix little things like street width reductions or to restrict uses, rather than to enable creative development that otherwise would not be allowed. • Applicants have done a PUD to get around the requirements of the Island Overlay, with the PUD lowering the design standards. • City staff believes they provide too many concessions without getting any public benefits back in the PUD. No comments were made on the Mixed Use Overlay, nor does the district appear on the Zoning Map. Too often, applicants resort to PUDs and submit themselves to the extra scrutiny that goes along with it, in hopes of increased likelihood of discretionary approval by the City Council or, contrary to the purpose of a PUD, to circumvent the standard requirements of the UDC. Allowing developments such as those described above by-right, rather than by public hearing, creates win-win scenarios for the public and the developer. How do we know that the developments described above should be the norm for Corpus Christi, and therefore, the most easily approved? Plan CC has the following as a guiding principle that informs many of the recommendations that follow in the plan: High-quality, safe, connected, and diverse neighborhoods provide a variety of living choices. Corpus Christi’s growth has promoted a connected sense of place; revitalized downtown and older parts of the city; created mixed-use centers in key commercial districts resulting in live-work-play neighborhoods; and established new neighborhoods in the south side and northwest areas. Neighborhoods provide housing affordable at every income level for diverse households, the workforce, young and old—singles, couples, families with children, empty nesters, and retirees.People can get around the city by multiple modes of transportation—connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. The UDC has several avenues for developing mixed-use projects, such as the PUD shown in Figure P5.1, Barisi Village Concept, below. Such avenues include the: Mixed Use Overlay District, Uptown-Downtown Mixed-Use Special Overlay District, and Neighborhood Mixed-Use Development Standards. However, they do not appear to be used very frequently. In order to make the mixing of uses in an engaging, walkable environment more likely to happen, the City could consider the following changes. • Consolidate the confusing, multiple mixed-use options in the UDC into a single mixed-use zoning district. UDC Evaluation Page 48 • Make the mixed-use zoning district a special purpose, or even base, zoning district so that it does not have the perception of adding regulations to a property that it affects. In a City with unutilized mixed-use options, a mixed- use district should be an attractive option, rather than one that is seen as unrealistic or overly regulated. • In order to make the district more attractive and usable to a developer, do not require vertical mixed-use buildings as a percentage of the development. If this district were widely popular in the City, then requiring vertical mixed- use would be a good next step. However, for this currently unused or underutilized option, this requirement appears to be an overreach. • In order to incentivize their use, allow the following bonuses for vertical mixed-use buildings: o Increase their residential density or nonresidential intensity; o Reduce their parking requirements in terms of number of spaces; o Reduce their associated required outdoor open space; o Reduce or eliminate their indoor open space requirement; and/or o Allow a greater percentage of the building to be devoted to nonresidential use (as opposed to 50% maximum). • As a base or special purpose zoning district, provide increased overall residential density or nonresidential intensity than what can currently be obtained through its use as an overlay. The density and intensity of the current overlay is based solely on that of the underlying district. Figure P5.1, Barisi Village Concept Low-Impact Development Why LID? Stormwater runoff occurs during rainstorms when precipitation that would normally absorb into the ground collects and moves over impervious surfaces. Under natural conditions, most stormwater is infiltrated into the ground, evaporated into the air, or soaked up by vegetation little stormwater becomes runoff. The natural water cycle depends on vegetation and infiltration to manage and cleanse stormwater. Impervious surfaces interrupt this cycle by preventing the absorption of runoff. Fast-moving runoff flows over impervious surfaces, carrying loads of pollutants into waterways. Downstream waters are impacted by contaminated stormwater runoff. Conventional stormwater mitigation efforts/requirements also do not address water quality issues created by traditional stormwater management practices such as removing pollutants that are contained in stormwater. UDC Evaluation Page 49 Low-Impact Development (LID) is a system of stormwater management techniques with the goal of reducing development impact on the watershed by applying the following: LID Goals: • Preserve natural resources and the hydrology of the watershed; • Create a system of distributed LID implementation throughout a development site; • Control stormwater at the source of rainfall; • Create a multi-functional landscape; • Increase groundwater penetration and recharge • Reduce potential flood impacts; • Reduce the size of required retention ponds(local stormwater ordinances permitting); and • Increase the aesthetic value of developments /properties. LID and the Current UDC. Chapter 7.3 Landscaping of the UDC states that one of the City's goals is "to provide an optimal quality of life for all citizens of Corpus Christi by improving the appearance of the City through increased public and private landscaping, reducing City litter, and promoting efficient water conservation techniques and practices in the application of these landscape requirements." The UDC also states that Promoting water conservation and other environmentally friendly practices through Xeriscape design is desirable with: Figure 7.1 LID Diagram Source: Houston-Galveston Area Council (H-GAC) Designing for Impact - A Regional Guide to Low Impact Development • Good design; • Soil Improvements; • Limiting lawn areas; • Use of mulch; • Use of low water use drought-tolerant plants; • Efficient use of water; and • Good maintenance techniques. In addition to these goals, the UDC has a number of requirements for new developments and existing development that require a combination of trees, bushes, and ground covers along public/private streets, in and around commercial parking lots, and to create buffer yards between different land use types (i.e. commercial next residential). LID Standards UDC Evaluation Page 50 While the UDC incorporates goals that are supportive of LID, there are limited standards that implement these practices. As stated in Section 2 - Plan CC Recommendations Table 2.5 of this Evaluation, one of the goals of the City's Comprehensive Plan is to "Promote natural drainage approaches (“green infrastructure”) and other alternative non- structural and structural best practices for managing and treating stormwater." However, there are only a few standards for cottage house and cluster overlay development that support the installation of LIDs (Sections 4.7.7.A.10,6.7.2.G, and 6.7.4). Incorporation of LID Design Practices into the UDC LID practices may be incorporated into the UDC to help achieve the goals stated in Plan CC. It may be possible to create incentives in the UDC for the installation of LIDs such as reducing the number of parking lot islands and trees required in a new development parking lot in exchange for incorporating a system of parking lot infiltration trenches (see Table 7.1) within this new parking lot. The following table highlights examples of LIDs that can be incorporated into the UDC to help encourage LID. Table 7.1 LID Examples Bio Swale - wide, shallow channel with vegetation covering the sides and bottom. Swales are designed to convey and treat stormwater, promote infiltration, remove pollutants, and reduce runoff velocity. Vegetated swales mimic natural systems better than traditional drainage ditches. Source: http://www.h-gac.com/community/low- impact-development/gallery.aspx UDC Evaluation Page 51 Cistern - Cisterns are large rainwater systems installed above or below ground with a much larger capacity than rain barrels. They can store water from multiple downspouts and pavement areas. Source: http://www.h-gac.com/community/low- impact-development/gallery.aspx Source: Houston-Galveston Area Council (H-GAC) Designing for Impact - A Regional Guide to Low Impact Development Parking Lot Infiltration Trench - linear elements that can also be used for conveyance and storage in addition to their biofiltration function. They can be used anywhere and are best used on small sites, in urbanized and suburban commercial areas, residential areas, and parking lots. UDC Evaluation Page 52 Source: Houston-Galveston Area Council (H-GAC) Designing for Impact - A Regional Guide to Low Impact Development Stormwater Planter Box - a bioretention system enclosed in a concrete container that contains porous soil media and vegetation to capture, detain, and filter stormwater runoff. Stormwater planter boxes are lined, contain an underdrain, have various small to medium plantings, and are installed below or at grade level to a street, parking lot, or sidewalk. Source: Houston-Galveston Area Council (H-GAC) Designing for Impact - A Regional Guide to Low Impact Development UDC Evaluation Page 53 Principle 6. Facilitate Infill and Redevelopment Infill and redevelopment makes more efficient use of land. Filling in unoccupied lots or reusing existing structures with occupied homes and functioning business builds the tax base, does not overly burden infrastructure, mitigates suburban sprawl, and can promote more affordable housing - if a City's UDC has the appropriate mix of incentives, neighborhood protections, and removal of regulatory barriers. In the UDC, § 6.12 Target Area Redevelopment Special Overlay District, provides a framework for the designation of areas targeted for redevelopment. The City Council must designate areas subject to the overlay. Once part of the overlay, development may then take place according to the following provisions: • Mixed-Use Overlay District Development (§ 6.8); • Neighborhood Mixed-Use Development (§ 7.11); • Adaptive Re-Use Development (§ 7.12); • Clustered Development Overlay District (§ 6.7); • Traditional Neighborhood Development Overlay District (§ 6.9); • Transit-Oriented Development Overlay District (§ 6.10); and • Cottage Housing District Development (§ 4.7). Stakeholder Interview Take-Away During interviews with the consultant for this project, stakeholders had the following selected comments about infill and redevelopment. • Within the City limits, only about one-half of it is developed. • If the value of an improvement is 50% greater than the value of property, then the current Building Code has to be utilized and can cause problems. • Downtown TIRZ requires a Certificate of Occupancy (CO) to get funds. A CO requires inspection. Inspection finds improvements that might not have needed a permit a long time ago but do now. So now there are more expenses. • Incentiving zoning for infill could equate to more density or height for infill development compared to a greenfield. The result, if such a measure has even been actualized in Corpus Christi, would frequently become an overlay within an overlay, which leads to confusion and extra administrative work. The following recommendations would make infill and redevelopment more feasible in Corpus Christi. UDC Evaluation Page 54 Established Neighborhood Zoning District. Consider creating an Established Neighborhood zoning district that would apply to established neighborhoods that are largely built-out and stable, and where no significant change in development type or pattern is expected or desired. Essentially, this would “lock in” the standards at the time of adoption and thus, prevent unnecessary nonconformities and the need for variances for infill lots. The standards for the district would reinforce the existing, prevailing character (e.g., lot sizes, building setbacks, building heights and roof pitch, driveway location and design, garage placement relative to the street and principal structure if separate, etc.) and allow for building additions and site improvements. This approach ensures that: • Existing neighborhood character is maintained in case of any redevelopment or infill activity; and • Small-scale additions or improvements, to structures that would otherwise be nonconforming, do not require a variance or public hearing in order to take place (because relatively permissive setbacks are "baked in" to the district) In order to put the property to better use in Figure P6.1, Typical Residential Infill Site, it is likely that the property owner would need several variances related to setbacks or impervious surface. Correctly calibrated Established Neighborhood zoning district provisions would facilitated infill, and further affordable housing, by cutting out the need for a public hearing and making permitting on the project take place more readily. Figure P6.1, Typical Residential Infill Site Contiguous Infill Lot Bonus. In order to even more effectively leverage redevelopment and infill, and its associated economic and environmental benefits, the City could adopt provisions that reward the redevelopment of several contiguous lots. As a result, the developer gains more sellable lots than he or she would otherwise have and the public gains increased numbers of affordable housing units. In the Established Neighborhood zoning district described above, the UDC could incentivize infill and redevelopment by allowing increased density (and, potentially, additional housing types such as small multifamily and townhouses that would not normally be permitted) where a developer purchases, replats, and redevelops an expanse of contiguous lots (200 linear feet, for example). Figure P6.2, Contiguous Infill Example, shows a 600-foot block in Corpus Christi with 50-foot wide lots that is zoned Single-Family, RS-6. The block is near neighborhood necessities, such as a school, corner store, and park; has adequate streets; and could be redeveloped with increased density by-right (aside from the public hearing for a Replat Without Vacation that is required by state law). UDC Evaluation Page 55 Figure P6.2, Contiguous Infill Example In order to incentivize redevelopment of blocks such as those shown in Figure P6.2, the UDC could be modified to allow the lots to: • Be 20% narrower than typically required; • Be 20% smaller in lot area than typically required; and • Accommodate townhouses (groups of single-family units on individual lots) duplexes, and possibly tri-plexes, which would otherwise not be allowed in the R-6 district. In the scenario above, the block in Figure P6.2 could accommodate up to 15 dwelling units, rather than 12 units under the existing standards. These three additional units would help the developer recoup the costs associated with purchasing and assembling the lots, demolishing existing structures, and replatting the property. This example is just one block, whose redevelopment would not make a significant difference to the City overall. However, if this type redevelopment were to take place city-wide, the difference would be impactful. Parking. Parking requirements tend to be a hindrance to infill and redevelopment projects. The City's parking standards admirably contain provisions for administrative off-street parking reductions. The following proposed additional changes to Section 7.2.4 Alternative Parking Plan Options, could take some of the parking-related cost burden off of redevelopment projects. The reduction percentages below (which are intended to be cumulative) could vary by five to 10 percent, depending on the City's comfort level with the reductions. • Apply a 10 percent reduction in the minimum required number of parking spaces for any redeveloped property (or new development) within 200 feet of a designated transit (bus) route, as depicted in Figure P6.3, CCRTA System Map. • Apply a 10 percent reduction to any redevelopment project that rehabilitates a structure that is eligible for or currently listed on the National Register for Historic Places in accordance with the Secretary of the Interior Standards for Historic Preservation. • Apply a 10 percent reduction to any redevelopment project that incorporates a minimum of two environmentally- friendly features, including, but not limited to: UDC Evaluation Page 56 o Provision of bicycler parking; o LEED certification; o Low-Impact Development features, including pervious pavement; o Location of the subject property within one-half mile of at least five basic services, such as a bank, community center, convenience store, day care, laundromat, library, medical or dental office, post office, restaurant, or school. Figure 6.3, CCRTA System Map Target Area Infill and Redevelopment. Section § 6.12, Target Area Redevelopment Special Overlay District, of the UDC is intended to facilitate infill and redevelopment within City Council designated target areas, target zones, or destination nodes. While these targeted areas identify where new investment or reinvestment is warranted and desired, an overlay district is unnecessary. Instead, the type, scale, and density or intensity of development in these specific areas should be in accordance with the future land use plan (which may require special study if areas are outside of an Area Development Plan or Destination Node Plan), and the zoning of these tracts. If the current zoning is an impediment to infill or redevelopment, it warrants change either by the landowner or through a City-initiated process. The land use plan and zoning for these targeted areas will identify the use and form of development that is appropriate in the context of its surroundings. The UDC includes a series of overlay districts for different land uses, such as mixed-use and cottage housing, and different development types, such as cluster, traditional neighborhood, or transit-oriented development. An overlay district for each was established so that it may be applied in concert with a base district and located generally anywhere within the City where its deemed appropriate. In lieu of overlay districts, the following is recommended: • Mixed-Use and Cottage Housing. These are land use and housing types that are more appropriately designated in applicable districts, with reference to design standards. Neighborhood mixed use simply refers to the scale and form of development and the appropriate use types. • Adaptive Reuse. These standards may continue to stand on their own or may be combined with infill and redevelopment standards designed to better accommodate redevelopment or reuse given the typical regulatory UDC Evaluation Page 57 constraints that do not lend to reinvestment. These commonly include rigid lot dimensions, setbacks, and building coverage; transitioning a nonconforming use or site improvements; and restrictive use types. • Cluster Development. This type of development usually occurs in the suburban or rural areas and on a larger tract of land necessary to make clustering feasible. In certain instances, it is feasible on an infill development tract. Cluster development may be better integrated into the applicable districts as a development type that is either permitted by-right or permitted subject to limitations. • Transit-Oriented Development (TOD). Development that occurs around a central transit hub, adjacent to or on the fringe of other nonresidential development, or along a high ridership transit route is most commonly mixed-use development, which is recommended as a use type more so than an overlay district. • Traditional Neighborhood Development (TND). Most commonly, a planned unit development is used for a traditional neighborhood development given its unique use, lot, and street patterns and warrant for standards that are not provided for in the UDC. The alternatives include continued use of PUD without (not recommended) or with (recommended) TND standards or establishment of a TND district. The latter is likely not warranted given the rarity of this development type. UDC Evaluation Page 58 Principle 7. Encourage Affordable Housing According to the Texas Real Estate Center, for the 4th quarter of 2018, Corpus Christi rates a 1.58 on the Texas Housing Affordability Index (THAI) for homebuyers making a 3.5 percent down payment (see Figure 7.1, THAI for Corpus Christi). The THAI improves as a buyer's down payment increases. The city's THAI for all of 2018 was 1.61. A higher THAI indicates relatively greater affordability. A THAI 1.00 means that the median family income (MFI) is exactly sufficient to purchase the median-priced home in the local market. A THAI above 1.00 means the MFI exceeds the required income to purchase a median-priced home. Conversely, a THAI below 1.00 indicates that the MFI is not sufficient to purchase the median priced home. For example, Corpus Christi's THAI of 1.58 means that the MFI is 58 percent more than the required income to purchase the median-priced home. Corpus Christi's THAI changes to 1.24 when considering first-time home buyers. The locale with the highest THAI is Wichita Falls at 1.93 for first time buyers. The lowest THAI is associated with Kerr County (Kerrville), with a THAI of .85. Stakeholder Interview Take-Away During interviews with the consultant for this project, stakeholders had the following selected comments about affordable housing. • Single-family districts do not allow for the “missing middle” of housing types that promote affordability. It will be important to figure out how to fill the demand for the missing middle without the negative impacts on traffic, parking, and noise. • For housing affordability, the only way to get there is additional density. • A $150,000 house has same amount of regulatory work and fees (Approx. $5,000) as a $500,000 house. • A developer needs 50-100 lots to accomplish affordability and make economies of scale work. • Developers don’t necessarily need incentives in cash. They need incentives in process and time. • Accessory dwelling units help with affordability. UDC Evaluation Page 59 Figure 7.1, THAI for Corpus Christi As Figure 7.1 shows, Corpus Christi is clearly on the bottom half of the ranking and almost in the bottom 1/3rd. While Corpus Christi's affordable housing situation could be much worse, it is important that a UDC promote affordable housing and, importantly, not act as a barrier to achieving even more affordable housing. Several measures in this evaluation directly or indirectly promote affordable housing. Among those are: UDC Evaluation Page 60 • Greater administrative approval authority so that projects go through the review process quicker (Principle 3. Allow More Administrative Decisions); • Clearer provisions and measures to make Staff interpretations more consistent so that time is not wasted trying to determine an answer to unclear requirements (Principle 4. Standardize and Streamline Review Procedures); • Reducing parking requirements for infill and redevelopment projects, which, in turn reduce costs for the developer (Principle 6. Facilitate Infill and Redevelopment) • More housing types (such as the "missing middle" of single-family attached, two-family and multiplexes) built into the residential zoning district so that a developer does not have to rezone property, and ride through the process of hearings and public notice, when the market changes (Section 4. Zoning Districts and Land Uses); and • Incentivizing infill, redevelopment, and mixed use so that a homeowner or renter can live closer to needed services, jobs, and stores, without the expense of maintaining a vehicle. (Principle 5. Provide for Mixed-Use and Low-Impact Developments by Right) The City could provide additional incentives to affordable housing production by: • Reducing or eliminating permitting fees for developments with committed long-term affordable housing units. • Allowing two-family, multiplexes, and potentially multifamily uses (with considerable design and compatibility standards) by Special Permit (with only one public hearing required rather than two that would be required for a rezoning) in districts where they are currently not permitted. Two-family dwellings could be allowed by Special Permit in RS-4.5 and multiplexes in apartments could be allowed by the same in RS-TF. One of the standards related to the Special Permit could be a requirement to incorporate affordable units. • Granting a density bonus by-right for market rate subdivisions or multifamily development that integrate committed affordable units. • Allowing reductions in fees-in-lieu of park land dedication and "skinnier" street and site improvements that are less costly than the typical designs for developments that incorporate committed affordable units. It is important to understand that none of these measures are silver bullets. No single one of them is a cure-all, but taken together they can make a difference in housing affordability. UDC Evaluation Page 61 SECTION 4. ZONING DISTRICTS AND LAND USES Previous Sections of this Evaluation have been based on improvements to the UDC related to broader concepts such as Implementation of Plan CC and legal defensibility. Sections 4 through 6 examine all 10 Articles of the UDC on a more micro-level. For the most part, proposed amendments that are addressed in previous Sections of this evaluation are not repeated here. This Section assesses Article 4, Base Zoning Districts, Article 5, Use Regulations, and Article 6, Special Zoning Districts, of the UDC, related to zoning districts and land uses. Table 4.1, Zoning District and Land Uses Assessment Citation Comment 4.1.1. Establishment of Zoning Districts Include interpretation of "mixed-use zoning district." Table 4.1.1 Zoning Districts Seek opportunities for zoning district simplification / consolidation based on development options within the broader zoning district. See Figure 4.1, Potential Zoning District Consolidation Sample, below. Tie each zoning district to an associated future land use category in Plan CC, or, vice-versa with an amendment to Plan CC. 4.1.5. Newly Annexed Territory Consider allowing newly annexed territory to come into the City under the zoning district associated with the property's future land use category, rather than only as FR, provided adequate infrastructure exists and/or the submittal of a Traffic Impact Analysis by the applicant. 4.1.6. Use Tables Eliminate Special Use Exceptions in favor of Uses Permitted Subject to Limitations and/or Special Permits. (See Principle 3. for elaboration) 4.2.1. Open Space Reconcile how open space is currently being exacted from new subdivision (1 acre per 100 dwelling units based on 8.3.5., Land Dedication) with the minimum open space requirement found in most residential zoning districts. 4.2.2. Lot Area Build upon the optional lot averaging allowance by considering mandating some fluctuations in lot area as a means to prevent monotony and to promote affordability (slightly smaller houses on slightly smaller lots). 4.2.4. Site Area and Width Consider setting a minimum site area or zoning district area for types of development that should not take place on a small lot-by-lot basis, such as a mixed-use base zoning district or a business park district. 4.2.5.D Features Allowed Within Required Yards Clarify whether eaves cannot encroach into an easement or if they are damaged whose responsibility it is to repair. 4.2.6. Building Separation Specify that, except for permitted encroachments, building separation requirements apply to the exterior wall of the buildings in question. 4.2.8.C. Modification of Height Regulations Modify to show that a nonresidential building can encroach closer to a residence, provided it is underneath the height limit line. Show that it cannot encroach past the required setback. 4.2.10. Back-to-Back Provide an illustration to clarify the meaning of this provision. Address the situation where the side of a corner lot is back to back with a rear yard. The front setback should align with the adjacent lot's street side yard. In addition, remove the redundant "...a minimum of not less than..." UDC Evaluation Page 62 Table 4.1, Zoning District and Land Uses Assessment Citation Comment 4.2.11. Water-Oriented Subdivisions Relocate the standards related to the percentage of lots that must be adjacent to a body of water. The language could be relocated to § 8.3 Public Open Space. 4.3.5. Zero Lot Line Residential Development Overall, this Section reads more legalistically than the remainder of the UDC (use of terms such as ""herein" and "therewith"). An update to the UDC should work to make the language consistent and understandable to a lay person, yet legally defensible. 4.3.5.A Purpose (Zero Lot Line) The illustration associated with this paragraph does not match the text. The illustration goes with paragraph 4.3.5.D.2.a. 4.3.5.B. Permitted Zoning Districts The content of this Subsection is mostly unrelated to the Subsection title. In addition, much of this Subsection is redundant with material covered in other Articles. 4.3.5.D.1 Minimum Lot Sizes and Widths Zero lot line dwellings are typically allowed on smaller lots than a conventional single-family attached dwelling. Each housing type could have customized lot sizes for each zoning district, where smaller lot sizes could incentivize affordable housing. Table 4.4.3.A. Residential Development (Two-Family and Townhouse districts) 4.3.5.E.2 Required Exhibits Relocate these (and any other) submittal requirements to a document outside of the UDC that can be more easily and readily administratively amended. Table 4.4.2 Permitted Uses (multifamily districts) Consider adding a selected set of Commercial Uses to the multi-family use table. Such uses could require a Special Permit and be limited in scale and location with required buffering. This would promote a moderate level of mixing of uses with some essential services closer to where higher densities of people live. This mixing of uses would be subject to mixed use design standards and may be limited to a certain percentage of land area of the development. Table 4.4.3.A. Residential Development (Two-Family and Townhouse districts) Specify the maximum number of units / lots in a set of townhouses. 4.4.3 Residential Development Standards Illustrate the various configurations townhouses could have: e.g. front access, rear access, and shared parking. Table 4.4.4 Multi-Family Housing Types Integrate a new housing type known as a multiplex, which has three units, but is typically not part of an apartment complex. A multiplex would have its own standards that could be calibrated to be advantageous to integrate into duplex and / or single-family developments. See Figure 4.2, Multiplex Samples, below. Remove references to condominiums, as these are forms of ownership and are largely not regulated by zoning. UDC Evaluation Page 63 Table 4.1, Zoning District and Land Uses Assessment Citation Comment Table 4.5.2 Permitted Uses (Commercial zoning districts) Consider consolidating the CN-1 and CN-2 zoning districts, as their permitted and special permit uses are identical and dimensional standards are very similar. Alternatively, convert the CN-2 as a neighborhood mixed-use district with better guidance on mixing residential and nonresidential uses both horizontally and vertically. Consider allowing car washes in CN by Special Permit or even as a Limited Use with substantial use standards. Consider consolidating the CR-1, CR-2, and CR-3 zoning districts, as their permitted and special permit uses are almost identical. Alternatively, keep CR-3 and combine CR-1 and CR-2. Better distinguish between NC and GC zoning districts in terms of uses and development standards. Some distinguishing characteristics could be a gross floor area limitation on NC buildings, a prohibition on certain uses if the lot abuts a residential property, or a parking reduction specifically for the district. Often, NC districts also include a higher standard of design, which could be more residential in appearance. Consider allowing single-family detached and duplexes in CN-1, CN-2, and/or ON if they are part of a coordinated development with mixed uses. Require enhanced design for mini-warehouses in CR-2, and, along with the enhanced design, consider allowing in the ON district. See Figure 4.3, Mini- Warehouse Design. Table 4.5.3 Residential Development (Commercial Zoning Districts) Provide maximum density requirements for CR-1 and CR-3 if those districts are retained and for CBD. Table 4.5.4 Nonresidential Development (Commercial Zoning Districts) Remove minimum open space requirements for CN-1 and CN-2, as nonresidential uses are typically not required to dedicate open space per se. If this is meant to be a landscaped area requirement, then relabel it as such. Minimum lot area for BP may more appropriately be called minimum site area. Table 4.6.2 Permitted Uses (Industrial districts) Some Waste-Related Uses (see 5.1.5.C) may not be appropriate for Light Industrial zoning. § 4.7 Cottage Housing District Regulations See Principle 7. Encourage Affordable Housing. § 5.1 Use Categories Add new uses to appropriate use categories as technology and land uses have evolved since the UDC was adopted. Considerations include: tiny homes, scooter-charging home occupations, or solar panels. 5.1.4.I. Vehicle Sales and Service Add "vehicle service, heavy" and "vehicle service, limited" as accessory uses associated with a use in the Vehicle Sales and Service use category. This could have a limitation in § 5.3 Accessory Uses and Structures, that it is to only be associated with vehicles sales or leasing facilities and that it is only an allowed activity on larger parcels with setbacks from residential uses or districts. 5.1.5.A. Light Industrial Service Shift above-ground fuel storage to the accessory uses column. UDC Evaluation Page 64 Table 4.1, Zoning District and Land Uses Assessment Citation Comment 5.1.6.A. Agriculture Uses Add aggregate storage as an accessory use associated with the Agricultural use category. This could have a limitation in § 5.3 Accessory Uses and Structures, that it is to only be associated with nurseries and other appropriate agricultural uses and must be limited in scale. § 5.3 Accessory Uses and Structures Add fence requirements as part of this Section. It is unclear where fence requirements are located; however, Staff reports that razor wire and electric fences have been constructed in residential areas. Also, there is no height limit for fences in the street setback. Commonly fences are limited to 3 to 4 feet in this location and must be at least 50% opaque. 5.3.1.J Accessory Uses and Structures Exempt certain uses, such as bona-fide agricultural uses, from the requirement that accessory building square footage much be a maximum of 50% of the main principal structure total square footage. 5.3.2.A. Accessory Dwelling Units Facilitate accessory dwelling units by not requiring the owner to live on-site. Or at least allow on-site ADUs by-right and allow off-site ownership with a Special Permit. In addition, make them easier to do by lowering the maximum floor area from 500 square feet to 800. 5.3.2.D. Garages, Private Clarify so that it does not read as if the square footage of the garage is factored into how large the garage may be (thus creating an endless loop). § 6.2 – PUD, Planned Unit Development Overlay To help prevent abuse of the PUD process, whereby applicants use the PUD as a tool to circumvent requirements of the UDC, require that the applicant provide a narrative for how the development proposal fulfills the Purpose statements of the PUD Overlay found in Section 6.2.1. Purpose. 6.4.1. Declaration of Public Policy and Purpose (Island Overlay) Rather than encouraging the use of Planned Unit Developments (and the extra time and uncertainty that goes along with them) in the written provisions of the Island Overlay (which would amount to two overlays on a single property), the Overlay should instead include better objective, predictable standards that reflect / accommodate new development types and thus reduce the need for a PUD. Minimize the ability to have outdoor retail display, which, under the base zoning provisions, could occupy as much as 30% of the linear distance along the principal structure wall. 6.4.4.C. Boat or Recreational Vehicle Storage or Sales Address the screening conflict between this Section and 6.4.7. Screening Requirements, by removing the screening provisions in this Section and relying on 6.4.7. 6.4.5.A.1 Off-Street Parking and Loading Regulations Increase the parking credit to 15% to encourage more rear parking, as opposed to the layout in Figure 4..4, Island Development with Parking in the Front. Alternatively, mandate that one-half of the required parking must be to the side or rear of the building in the Island Overlay. UDC Evaluation Page 65 Table 4.1, Zoning District and Land Uses Assessment Citation Comment 6.4.8. Landscaping Requirements Provide incentives for drought-tolerant planting and the use of reclaimed "grey water". Such incentives may include reduced sprinkler system or hose attachment requirements. The preamble to the Section requires "extensive landscaping;" however, this Section hardly raises the bar compared to the basic citywide landscaping standards. Increase the landscaping requirements of this Section or remove the reference to extensive landscaping. 6.4.9.C. Prohibited Signs Clarify if pole signs are permitted or prohibited in the Island Overlay. 6.4.11.B. Applicability Add townhouses to applicability. § 6.5. Air Installation Compatible Use Zones (AICUZ) Increase the glare provisions in and around the AICUZ related to outdoor lighting and solar panels. In addition, consider adoption of a military hazard and lighting overlay district or development standards near airport and military installations. Lighting and hazards (height restrictions, cranes, bird strike, etc.) concerns extend beyond the AICUZ area. § 6.6. Development Concept and Special Overlay Zoning Districts This Section seems duplicative with the PUD provisions and should be removed. § 6.7. Clustered Development Overlay District The ability to cluster dwellings, thereby increasing protected public open space, should be a by-right option in some residential zoning districts (excluding RE and other larger-lot districts), rather than requiring the approval of an Overlay. In addition, In 6.7.2.D appears to contain a conflict in maximum density allowed. Paragraph 1 implies no density bonus, while paragraph 2 does imply a density bonus. It could remain an overlay or Special Permit option in larger lot districts. 6.7.4. Required Common Open Space Allow more or less common open space dedication with a commensurate density bonus. 6.7.6. Density Bonuses Although density bonuses for accessible and affordable housing units are good ideas, and should be considered to apply city-wide, clustering should merit a predictable, structured density bonus by-right, as a development option within the base residential zoning districts. § 6.8. Mixed Use Overlay District Eliminate this overlay district, add "mixed-use" as a Special Permit or Limited Use in each of the identified zoning districts within this overlay, and incorporate the standards of this overlay district in Section 5.2, Specific Standards. Among the requirements for mixed-use should be site plan review and approval. § 6.11. Uptown-Downtown Mixed-Use (MUS) Special Overlay District Eliminate this special overlay district, add "mixed-use" as a Special Permit (SP) in the applicable zoning districts within the boundaries of the overlay, incorporate the standards of this overlay district in Section 5.2, Specific Standards, applicable to the area described within the text. In lieu of established the boundaries of this overlay district, establish performance standards relating to the location, scale, proximity, and compatibility of mixed- use projects with adjacent uses and districts. § 6.12. Target Area Redevelopment Special Overlay District See Principal 6, Facilitate Infill and Redevelopment. UDC Evaluation Page 66 Figure 4.1, Potential District Consolidation Sample Plan CC Density Level Current Zoning District Potential Zoning District Potential Development Options Potential Public Open Space Ratio Potential Housing Types Medium Density Residential RS-15 Single-Family Semi-Urban (SU) Standard 3%1 Single-Family Detached RS-10 Single-Family Cluster 20% Same as Standard Option + Attached RS-6 Single-Family Village 35% Same as Cluster + Townhouse Standard Cluster Village 1Based roughly on the requirement in Article 8, Subdivision Design and Improvements, that requires one acre of open space per 100 dwelling units. Figure 4..2, Multiplex Samples Figure 4..2, Mini-Warehouse Design Typical Mini-Warehouse Design Enhanced Design that Could be Allowed in More Districts UDC Evaluation Page 67 Figure 4., Island Development with Parking in the Front UDC Evaluation Page 68 SECTION 5. DEVELOPMENT STANDARDS This Section assesses Article 7, General Development Standards, and Article 8, Subdivision Design and Improvements, as they apply to private property and land subdivision. Table 5.1, Development Standards Assessment Citation Comment § 7.1. Access and Circulation Provide an applicability statement that shows the street types for which these standards apply, such as: public rights-of-way maintained by the City within the City limits; public rights-of-way maintained by the County within the extraterritorial jurisdiction; and private streets within either the City limits or ETJ. 7.1.4.B. Driveway Permit Required Relocate these (and any other) submittal requirements to a document outside of the UDC that can administratively amended. 7.1.7. Driveway Design Standards Allow "ribbons" for driveways in order to reduce impervious coverage. 7.1.7.A. Driveway Spacing Increase mobility for arterials and higher classified streets by prohibiting direct residential access to them rather than establishing conditions for when such access may occur. Consider the same for Primary Collectors. Table 7.1.7.D Corner Clearance Change "N/A" to "0". 7.1.8. Shared and Cross Access Driveways Require, rather than allow or encourage, cross access driveways for multi- family, nonresidential, and mixed-use developments. See Figure 5.1, Cross Access Example, below. Allow individual driveways if the subdivider can demonstrate: the adjacent landowner refused a reasonable offer with regard to cross-access; the proposed temporary access will not impact safe and efficient flow of traffic; and the subdivider records a covenant to ensure that the connection will be provided and access will be consolidated upon development or redevelopment of the adjacent property as a condition of approval. § 7.2 Off-Street Parking, Loading and Stacking Except for single- or two-family uses and except for the presence of a cross access easement between properties, prohibit a vehicle use area (parking, loading, and stacking) from being designed to require a vehicle to maneuver into a public right-of-way or encroach an adjacent property in order to park, load, unload, or stack. Specify that parking, loading, and stacking spaces cannot be used interchangeably. 7.2.2.A. Rules for Computing Required Parking and Loading Spaces Reconcile the exemption of parking requirements in the CBD zoning district that is repeated in 7.2.3. Districts Exempt from Parking Ratios, which can lead to inconsistencies and misinterpretations. UDC Evaluation Page 69 Table 5.1, Development Standards Assessment Citation Comment Table 7.2.2.B Parking Ratios Consider adjusting the following parking ratios to reduce development costs, the heat island effect, and impervious surface: • 1 bedroom apartments - reduce from 1-1/2 spaces per unit to 1 space per unit. • 2 or more bedroom apartments - reduce from 2 spaces per unit to 1-1/2 per unit. • Daycare - change "children" to "enrolled persons" or similar terminology to account for non-child clients. • Parks and Open Area - consider reducing from 1 space per 10,000 SF of outdoor area to 1 space per one-half acre (~22,000 SF) • Indoor Recreation - reduce bowling from 5.6 spaces per lane to 2 spaces per lane and 1 per 200 SF for all other Indoor Recreation. • Office - Clarify what constitutes urban versus suburban. • Bed and breakfast home or inn - Reduce from 2 to 1 space per room • Restaurant - base the parking requirement on the number of seats (such as 4) rather than on square footage, which may also include spaces for the number of staff persons. 7.2.4.E. Shared Access and Parking Allow an administrative option for shared parking that does not require a shared parking analysis. Such requirement may be requested beyond a certain reduction threshold. 7.2.5. Off-Street Parking Design Standards Include standards and incentives for the use of pervious pavement. Standards include weight-bearing capacity, required use if the parking area functions as overflow or exceeds a maximum threshold of spaces, and maintenance. Incentives could include a reasonable reduction in the number of required spaces. Consider incorporating a maximum aisle length to allow for better vehicle circulation. 7.2.5.C. Safe and Convenient Access Except for single- or two-family uses and except for the presence of a cross access easement between properties, prohibit a vehicle use area (not just parking but loading and stacking as well) from being designed to require a vehicle to maneuver into a public right-of-way or encroach an adjacent property in order to park, load, unload, or stack. 7.2.6.A. Minimum Number of Spaces (Vehicle Stacking Areas) Consider adding additional use activities that require stacking spaces, such as fuel pump islands and limited vehicle service. 7.2.6.B. Design and Layout (Vehicle Stacking Areas) Require stacking facilities have a bypass lane. 7.2.7.A. Design and Layout (Off-Street Loading) Allow for reducing loading spaces (12' x 18' instead of 12' x 35') in nonresidential zoning districts other than BP, IL, and IH to accommodate smaller delivery trucks. 7.3.3. Application Consider lessening landscaping requirements for industrial uses in the IL and IH zoning districts. 7.3.3.A New Development (Landscaping) Consider moving to § 1.10. Transitional Provisions, and apply to other Development Standards. UDC Evaluation Page 70 Table 5.1, Development Standards Assessment Citation Comment 7.3.4. Alternative Compliance Enable the Assistant City Manager of Development Services (ACMDS) to take action on Alternative Compliance landscape plans, or include alternative compliance standards in the UDC. 7.3.5. Landscape Handbook Remove as a regulatory form. 7.3.6. Requirements for All Street Yards As opposed to a points system, which is flexible but potentially unpredictable, consider using a calibrated street buffer between the building and street. A street buffer would maintain the flexibility of points, by providing options for plantings and screening devices per 100' segment, but would also have more predictability for what will be planted or installed. The existing requirements in § 7.9 Required Zoning District Buffer Yards, lays the foundation for this change. Under the points system, a street yard consisting of 100 lateral feet and 50 feet of width (from street to building) would require 750 square feet of landscaped area. A total of 100 points would be required within the 750 square-foot area. Two, 2-1/2-caliper trees along with 10, three-gallon shrubs would fulfill this requirement. Street buffers could be incorporated into the UDC with similar levels of flexibility, but with more predictable outcomes that are easier for a designer to calculate, especially with the use of a landscaping and bufferyard calculation via enCodePlusTM. Require a simpler area landscaping requirement based on the gross area of property, rather than the area within the street yard and a percentage of the remaining area of the street yard that is required to have a different number of points. Require more than one species of trees in the required landscape areas. Reconcile conflicting definitions of street yard. 7.3.10. Requirements for Buffering Incompatible Uses Fold into § 7.9 Required Zoning District Buffer Yards, which should be integrated with the Landscaping Section. 7.3.11. Landscaping Specification for all Applicable Zones Simplify these requirements, similar to what is recommended for street yards, above, so it remains flexible but is more predictable. 7.3.16. Landscape Plan Submittal Requirements Relocate these (and any other) submittal requirements to a document outside of the UDC that can administratively amended. Table 7.4.3 Allowable Storage (per zoning district) Allow some outside storage (perhaps with a CUP) in the CG zoning district to prevent recent rezonings to IL for the purpose of allowing more storage. § 7.5 Signs Accommodate murals while maintaining content neutrality. See Principle 2. Adopt Regulations that are Legally Defensible, for warranted additional changes to address content neutrality. Clarify the requirements of temporary signs. Real estate signs are the only sign types currently identified as temporary. Provide standards for newer technologies such as adhesive signs or building wraps. In addition, make allowances for removal of illegal or outdated temporary signs. Consider requirements and limitations on vehicle signs (signs on prominently displayed parked vehicles). Limitations could include: the vehicle must be operable and must have current registration; the vehicle must be legally parked within a parking space; and the display of the sign is incidental to the vehicle use. UDC Evaluation Page 71 Table 5.1, Development Standards Assessment Citation Comment 7.7.2 Applicability (Building Design) Include multi-family developments and have a sliding scale of requirements based on building size. In addition, lower the threshold from 30,000 to 45,000 square feet, with smaller buildings having less rigorous requirements. Larger buildings would, in turn, require enhanced entrances, articulation, and/or building materials. 7.7.3 Facades Have provisions for primary and secondary facade materials with varying proportions of each facade based on street frontage and residential proximity. Primary materials could include brick, stone, pre-cast concrete panel that is textured or patterned to appear like brick or stone, and architectural masonry units including split face, weathered face, sandblasted face, and ground face blocks. Secondary materials could include embossed or pre-finished architectural metal panel that has an appearance of masonry or stucco, masonry or cement fiberboard siding, glass, tile, wood, or smooth-faced, finished concrete masonry units. § 7.9 Required Zoning District Buffer Yards Integrate this Section with § 7.3 Landscaping. 7.10.3.E Dumpsters Consider prohibiting dumpsters from being located in the street yard and clarify their screening requirements. 7.11.3.H General Standards (Neighborhood Mixed-Use (NMU) Development Standards) Consider lowering the residential minimum square footage from 800 to 600 square feet to make it more usable. 7.11.7.H Design Standards Include outdoor dining with this allowance. 7.11.10 Parking Clarify that on-street parking credits are permitted together with other parking reductions. 8.1.8. Homeowners' Associations Include Property Owners Association (POA) with the provisions for Homeowners Associations (HOA). POAs are for nonresidential or mixed-use developments. 8.1.12.F. Administrative acceptance requirements Relocate as-built and certificate of completeness to 8.1.11. Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Technical Compliance. 8.1.13. Cash In Lieu of Construction of Half Streets: Better define how cash in lieu of a half street can be used with either developer participation projects or city initiated/funded projects. Table 8.2.1.C Non-Local Street Standards Table Add the second Minor Residential Collector to this table. Rework street L-1D so that a sidewalk is feasible. Provide standards and incentives for wider sidewalks along one or both sides of local streets. If sidewalk permitted on just one side, it should be wider than typical. Provide illustrative street cross sections for this table. Define "Bump-Out" as used in this table. Reconcile the requirements of this table with the Fire Code, e.g., minimum 20 feet of unimpeded access. A 32-foot street with parking on both sides does not allow for this unimpeded access. UDC Evaluation Page 72 Table 5.1, Development Standards Assessment Citation Comment Table 8.2.1.E Subdivision External Access Points Change "Lots" to "Dwelling Units" to more accurately capture the density of a subdivision, which could include duplexes. Reconcile the external access point requirements with those in the Fire Code, which require a secondary point of access for 30 or more dwelling units. 8.2.1.F Half Streets Require a subdivision with a perimeter half-street or other substandard perimeter street to build the street to full requirements. If half streets continue to be allowed to be built, then provide minimum requirements for the features of a half street. 8.2.1.G Cul-de-Sacs Allow a mountable curb to surround the cul-de-sac island, require maintenance by an HOA or POA, and require a visibility triangle in 4.2.9. 8.2.1.J.3 Lots (Private Streets) Align the text of this paragraph with the graphic so that a non-access easement is required along the public right-of-way where a through-lot abuts both a private street and public right-of-way. 8.2.3.A Utility Easements Consider providing a mandatory or recommended arrangement for underground utilities in the utility easement. 8.2.2. Sidewalks Provide incentives for bike lanes, bikeways, and/or multi-use paths, where appropriate and useful, in lieu of sidewalks. 8.2.3.C Access Easements and Other Easements Provide for pedestrian access easements at the end of cul-de-sac bulbs, particularly where cul-de-sac abuts a trail or is within two tiers of lots from a sidewalk, as depicted in Figure5.2, Pedestrian Access Example, below. 8.2.4. Blocks Reduce the maximum block length from 1,600 feet to 1,000 feet in all residential subdivisions except within the FR and RE zoning districts. Require a mid-block pedestrian easement for blocks that exceed 1,000 feet. Consider adopting a connectivity index that requires continuity of the street patterns within a new subdivision. Provide a definition of "Block" in § 1.11. Definitions. Account for "corner clips" on blocks and lots that the City routinely requires. These are a 10-foot radius for local streets; 15 feet for collectors; 20 feet for arterials; and 25 feet for freeways. 8.3.5. Land Dedication Reconcile how open space is currently being exacted from new subdivision (1 acre per 100 dwelling units) with the minimum "open space" requirement found in most residential zoning districts. It appears that what is being regulated in the districts is pervious surface, rather than public open space. Mandate land dedication (via conservation easement held by an HOA, land trust, or conservation organization) rather than a fee in-lieu of land for cluster or planned subdivisions described in Section 4. Zoning Districts and Land Uses. Consider allowing credit for HOA owned and maintained parks, with provision that the park must be open to public, and if the HOA should dissolve, the land reverts to the city. In addition, provide criteria for what park types and land characteristics would be permitted. UDC Evaluation Page 73 Table 5.1, Development Standards Assessment Citation Comment 8.3.6. Fee In-Lieu of Land If this is the City's "default" position on open space dedication, then put this Section before 8.3.5 and call it an Open Space Fee and retitle 8.3.5, Land Dedication In Lieu of Fee. Re-assess the $62,500 cap on fair market value per acre. Often, language is included to allow for reassessment on a bi-annual basis. 8.3.7. Park Development Fee Clarify the difference between this fee and the Fee In-Lieu of Land. 8.3.10. Prior Dedication Place a time limit on this exemption. In addition, clarify the definition of a "Renewal Community". 8.4.1. Streets (City Participation in Street and Drainage Crossings) Require a subdivider to incur the cost of building a street up to a minor arterial where the Urban Transportation Plan recommends that level of street or higher. For infill projects and for housing with guaranteed affordability measures require the subdivider to incur up to only the cost of a residential collector street, even if a minor arterial or higher is required by the Urban Transportation Plan. Modify based on how the City decides to address half streets and the current requirement to build only up to a residential collector. 8.5.1.B Payment of Fees (Trust Fund Policy) Specify that tap fees shall be made exclusively to the city. § 8.5 Trust Fund Policy Consolidate repetitive language to make this Section more concise. Amend this Section so the trust fund fees are applied in the immediate area. Overall, this Section should be significantly simplified so its purpose and allocation of fees is more clear. 8.5.1.C.1 & 2 Arterial Transmission and Grid Main Extensions & Distribution Main Extensions Clarify that the installation of arterial transmission and grid mains must take place as part of the platting process, after preliminary plat approval and prior to recordation of the plat. Limit reimbursable engineering and inspection costs to 12 percent of the overall project cost and allow City staff to review probable costs for reasonableness and against market prices. Allow major updates to the Master Plans to be funded through the Trust Fund. Reword the reimbursement provisions for extensions of distribution mains so that it is clear that reimbursements are 100% up to a one-half mile extension. If an extension is over one-half mile, then it is 100% reimbursable if the lot / acreage fee is greater than one-half the cost of the extension. Otherwise, it is 50% reimbursable. Add looped and off-site criteria. 8.5.1.C.3 Residential Subdivisions Move the requirements related to water system design (and repeated paragraphs on the topic for wastewater) to 8.2.6. Water. 8.5.1.D.1 Main not Within One Mile of Property 8.5.1.D.2 Main not Within One Mile of Property Under a separate project, the City Council should adopt a map showing areas not likely to be served over the next 15 years, with the time horizon periodically updated. 8.5.2.C Properties Within City Limits Move the requirements related to wastewater connections to 8.2.7. Wastewater. UDC Evaluation Page 74 Table 5.1, Development Standards Assessment Citation Comment 8.5.2.E.1.e Deferred Reimbursement Consider removing this (and repeated paragraphs on the topic for collection lines, trunk force mains, and other facilities) so as not to encumber money that is not available. 8.5.2.E.2 Collection Line Extensions Consider capping the length of the line. 8.5.2.E.5 Payment and Priority of Reimbursement (Wastewater Lift Station Installations) Amend to allow the City to withhold 20% of reimbursement until plat is recorded. 8.5.2.F Property Outside City Limits Amend to take into account development agreements, in addition to annexation. 8.5.3 Storm Water Trust Fund Implement this program or remove from the UDC. Figure 5.1, Cross Access Example Figure 5..2, Pedestrian Access Example UDC Evaluation Page 75 SECTION 6. DEVELOPMENT REVIEW AND ADMINISTRATIVE IMPROVEMENTS This Section examines Article 1, General Provisions, through Article 3, Development Review Procedures, and Article 9, Nonconformities, and Article 10, Enforcement, related to administrative bodies and review procedures. In addition, to address the concerns expressed by stakeholders, this Section makes recommendations on functional improvements to internal processes and Development Services staffing. Table 6.1, Development Standards Assessment Citation Comment 1.5.1. Public Provisions Address the internal conflicts between text, graphics, and tables throughout the UDC. 1.5.2. Private Provisions Note that the UDC is not intended to nullify or repeal any public or private laws, easements, or deed restrictions. § 1.8. Severability Distinguish severability generally and as applied to specific property. 1.11.3 Defined Terms Examine the defined terms and add or remove definitions as needed. 2.7.3. Membership Specify that the Technical Review Committee (TRC) may consist of local school district representatives. § 2.10. Assistant Director for Planning Remove from this Section and from § 2.12. Summary of Review Authority, and align the duties under the Assistant City Manager of Development Services (ACMDS). § 3.1 Common Review Procedures Add review criteria that are used in all or most development applications. These include: the request is consistent with the Comprehensive Plan; the request does not have a negative impact on the surrounding neighborhood; and others as applicable. Each specific application section should include its own review criteria. Add post-approval provisions that describe conditional approval or modification of applications at public meetings or hearings; modifications of approved applications; and others. 3.1.6.D. Application Check-In Conference Evaluate the effectiveness of this provision. It is good in theory but too often applications are delivered by courier or another person who has no decision authority on behalf of the applicant. If his provision is not working well, then modify or remove it. If it is working well, then retain. With a move toward electronic submittals, this provision will be obsolete. Consider requiring the applicant that has decision-making authority to call a staff Planner if he or she cannot submit in person. Consider requiring the engineer of record (if applicable) to sign the submittal check list 3.1.6.E. Application Completeness Review Clarify that incomplete or rejected applications are not considered "filed" or "submitted" for the purposes of the Texas Local Government Code. 3.3.2 Change in Application Integrate the provision that prohibits an applicant from making changes to a rezoning application after public notice into § 3.1 Common Review Procedures, and apply it to all applications requiring a public hearing. 3.6.3.A. Review Criteria The site plan contents do not belong with "Review Criteria". 3.7.2.A.2 Technical Review Committee Review Relocate the requirement of TRC members commenting on applications to § 2.7. Technical Review Committee, so it applies to any application reviewed by the TRC. UDC Evaluation Page 76 Table 6.1, Development Standards Assessment Citation Comment § 3.8 Subdivision Plat Review Include Development Plat review, allowed by TLGC Section 212.045. Development Plat Required. This procedure allows for basic platting of certain properties without requiring a Preliminary or Final Plat. 3.8.1.D Applicability (Subdivision Plat Review) Allow a building permit to be issued after Development Plat approval and in- lieu of final plat approval, as applicable. 3.8.3.E. Expiration (Preliminary Plat) Place a limit on the number of extensions that may be approved for a single preliminary plat before the plat requires resubmission. 3.9.3. Proportionality of Municipal Infrastructure Costs Clarify that an appeal to the City Council is to take place at a public meeting, not a public hearing with notification required. 3.9.4. Proportionality of Municipal Infrastructure Costs Use the term "court of competent jurisdiction" rather than specifying the court that would hear the appeal. (Applies throughout the UDC) 3.10.1.A Minor Plat Consider allowing Minor Plats to occur on previously unplatted property, rather than classifying them as a type of replat. Otherwise, what would normally be a Minor Plat must be processed as a Preliminary and Final Plat. 3.10.2. Review Process (Minor, Amending or Vacating Plat Review) Reconsider whether both the Director of Planning and ACMDS are necessary to review a Minor Plat prior to the TRC. As with the recommendation above for § 2.10. Assistant Director for Planning, consolidate this responsibility under the umbrella of the Assistant City Manager of Development Services. 3.15.1. Applicability (Certificate of Appropriateness) Define "contributing structure." Enable the ACMDS to require correction of defects or repairs to any landmark or contributing structure without need for the Landmark Commission . 3.15.2.C.2 Negotiation After Denial This Subsection reads as if the denial of a Certificate of Appropriateness by the Landmark Commission results in a 90-day waiting period, after which, the Certificate is automatically approved if no agreement is reached between the City and the applicant. This should be clarified. In addition, this Paragraph reads as if it should be located in § 3.16 Certificate of Appropriateness for Demolition. UDC Evaluation Page 77 Table 6.1, Development Standards Assessment Citation Comment § 3.29 Traffic Impact Analysis The purpose statement should make clear that the City may require any and all public improvements (or proportionate share) recommended by the Traffic Impact Analysis (TIA). In addition, the purpose should clarify that the results of the analysis will: 1) compare the traffic generated to thoroughfare system capacity; 2) address the City’s requirements; 3) establish proportionate mitigation measures for the identified impacts; and 4) recommend the safest and most efficient transportation system in conjunction with the development process. Add an applicability statement to clearly specify when a TIA is required. For instance, it may also be required with a Development Plat, Site Plan, Special Permit, Planned Unit Development, or a proposed amendment to the Urban Transportation Plan. In addition, reevaluate the threshold of 501 or more weekday peak hour trips to a lower number, which would be more consistent with peer cities. For example, Tyler's threshold is 200. San Antonio's is 76. College Station's is 150. A TIA should be required whether or not a rezoning is consistent with the Comprehensive Plan. Consider updating the study area requirements to also include 100 acres or more of development. Update "Traffic Impact Analysis Content for Zoning Matters" to include the above recommended plans and permits. Clarify that the Peak House Traffic (PHT) form is to be filled out using the latest edition of the ITE Trip Generation Manuals. If the use is not listed, a letter should be required by a licensed traffic engineer. In a scenario where the type of use is not yet known, require: 1) the type of land uses allowed by the current or proposed zoning for the site; 2) the maximum amount of developable land; 3) logical assumptions by the developer; and adjacent land uses. 4.2.8. Modification of Height Regulations Based on Staff input, modify the way gable, hip, or gambrel roofs are measured so that they are either measured to the eaves or ridge, rather than the median between the two. § 9.2. Nonconforming Uses To make financing and insuring easier for the owner, set up two tiers of nonconforming uses, minor and major, with minor nonconforming uses being determined to have no nuisance impact, no incompatibility with adjacent properties and no inconsistency with Plan CC. Minor nonconformities may then be granted a Special Permit that makes them conforming for purposes of the UDC. 9.5.2 Authority to Utilize for Single- Family Residence Enable use of nonconforming lots of record for single-family residences by reducing the burden of the applicant to prove separate ownership since 2006. Article 10. Enforcement No comments at this time. UDC Evaluation Page 78 Outside the UDC The following recommendations involve changes to staff practice that are not necessarily mandated by the UDC, but instead, require change for Development Services at the day-to-day operational level. Pre-Application Conferences. • Stakeholders reported that Pre-Application Conferences / Early Assistance Meetings rarely happen. On the other hand, Staff reports that 518 such meetings happened in 2018. Work should be done to fix this disconnect. • Consider setting aside a portion of each TRC meeting (or a portion of a TRC meeting each month) as an "Open Door" that future applicants may attend to show conceptual plans for new projects. The potential applicant should be required to sign a waiver relinquishing any vested rights that may have otherwise accrued under the Texas Local Government Code for such meetings. Technical Review Committee (TRC) • To partially address stakeholder comments about the lack of staff decision-making ability, take full advantage of 2.7.3.A Chair, which states that the Development Review Manager is responsible for final actions of the TRC. • Address stakeholder concerns about "too many bites at the apple" in application review by taking full advantage of the provision in 3.7.2.A.2 Technical Review Committee Review, that states, "The absence of and resulting lack of comment from a Technical Review Committee member during the review of the application plat shall preclude that member or that member’s organization from commenting on or requiring additional materials for the application at a later date." This provision is repeated for several different applications. • Invite applicants to the TRC meetings as an application is being reviewed. Hold an internal work session prior to the actual meetings so that Staff may discuss any application issues internally. It would be important to avoid this meeting becoming a forum for negotiation of what is required. Applicants would be there to address questions only when asked. Inconsistencies in Interpretation • To help address stakeholder concerns about inconsistencies in City staff interpretation, make use of the Notes / Interpretation function of the UDC host, enCodePlusTM as depicted in Figure 6.1, enCodePlus Document Attributes. These interpretations would be viewable by any Staff member with an enCodePlus login. Stakeholder Interview Take-Away During interviews with the consultant for this project, stakeholders had several comments on inconsistencies in UDC interpretation. UDC Evaluation Page 79 Figure 6.1, enCodePlus Document Attributes • Furthermore, follow through better with the provision in 3.23.3. Official Record (Written Interpretations), that states that written interpretations should be presented to the Planning Commission, Board of Adjustment, and City Council as a business item. Based on the report, the City Council may then direct City staff to initiate text amendment to the UDC in accordance with § 3.2 Unified Development Code Text Amendments, based on the interpretations. This could be streamlined by empowering the Assistant City Manager of Development Services to initiate the amendments without the direction of the Planning Commission or City Council. UDC Evaluation Page 80 APPENDIX A. STAKEHOLDER INTERVIEW SUMMARY From December 12th through the 14th, the Kendig Keast Collaborative (KKC) consultant team, with assistance from City staff, held a series of stakeholder interviews to invite face-to-face discussion in order to identify the key land use, platting, and regulatory issues currently facing the City. KKC interviewed representatives of the following groups. • City Staff (non-TRC Members) • City Staff Technical Review Committee • Appointed Officials from the: • Planning Commission • Zoning Board of Adjustment • Transportation Advisory Committee • Island Strategic Action Committee • Engineers, Contractors, and Designers • Coastal Bend Home Builders Association and a Business Association • Environmental Organizations • American Institute of Architects, American Planning Association, and the U.S. Navy Air Station Corpus Christi • Downtown Management District • Corpus Christi Association of Realtors and Padre Isles Property Owners Association In addition, KKC and City Staff facilitated the first of two Open Door meetings for this project, at which time members of the general public could express their thoughts on the Unified Development Code. The purpose of these interviews was to hear firsthand what various stakeholders view as being the greatest issues and highest priorities to be addressed in a revised UDC. This process must begin with an essential understanding of the existing regulations, how they’ve been applied, and their outcomes and implications. In addition, these interviews provide the consultants with an essential barometer for where the community lies on the spectrum of regulatory tolerance. That is, what one community believes to be overregulation may be considered too lax in another. These comments, together with an analytic review of the UDC, will inform the final deliverable of this project, a UDC Evaluation Report. KKC will present the report in a second Open Door meeting in March 2019, to the Planning Commission in April, and to the City Council in May. Below is an abbreviated recordation of the issues and themes that emerged through these conversations. Administration and Interpretation • There are inconsistencies in Staff interpretation. • Applicants have had suspicion of how other developments were approved. A clearer UDC would fix that. • Even when the UDC is clear, enforcement from the City may be lacking. • City of Lubbock could be a model of the one-stop shop concept. Nothing in the UDC speaks to the one stop shop function. • Staff practice should be incorporated into the UDC. • There needs to be a final decision maker for Staff to prevent conflicting reviews from Staff. • There is frustration at several bites of the apple from Staff. However Staff is in the position of dealing with inconsistencies in the UDC or inconsistencies between UDC and other documents. UDC Evaluation Page 81 • Development Services (DS) is one of several departments at the same level. DS doesn’t have authority to require outside agencies or departments to review. • Staff timelines are lacking in UDC. • New staff members may read the UDC in black and white and enforce it accordingly. Older staff members may not, based on institutional knowledge. • A lot of interpretation problems are the result of the individual inspector and may not be followed by other inspectors. • Written rules can cut both ways. A builder wants to know the rules but it can be hard to be bound by them. • Some discretion is written into the UDC intentionally. It can’t cover all situations. • The developer is not invited to TRC meetings. • Acting City Manager is the Assistant City Manager for Development Services. • Private sector pushes decision making down the chain as far as possible. Government should consider a similar model. • Evaluation document could prioritize changes and/or designate changes appropriate for staff to make versus a consultant. • Too much turn over with city staff makes it hard for national developers to maintain relationships. • Building Code and UDC need to be connected. • Staff should facilitate within parameters to get things done rather than “enforcing.” • Boat and RV parking in the front of houses is a problem on The Island. • Enforcement of Temporary Signs is difficult. • There are 18 code enforcement officers with 6,300 calls pending. • As with most cities, Code Enforcement is reactive and complaint-driven. • The Case Manager collects comments from the Technical Review Committee (TRC) via email and the comments are sent to the applicant. • Higher fines for violations would be good. • Consider using commentary in the updated UDC to explain provisions without using legally binding language. • In the old days the rules were more like guides and that was good thing. • A lot of time was spent in the previous UDC effort. We do not want to waste all of that effort and start from the beginning again. Affordable Housing • The single-family districts do not allow for the “missing middle” of housing types that promote affordability. “Missing Middle” includes single-family attached, two-family, and tri-plexes. • It will be important to figure out how to fill the demand for the missing middle without the negative impacts on traffic, parking, and noise. • There is a modular home at 199 N. 19th Street. • For housing affordability, the only way to get there is additional density. • There is a relatively small group of builders in Corpus, and are all local. • It is easier to absorb the construction cost of streets on high cost lots. Harder to absorb the cost for affordable lots. UDC Evaluation Page 82 • Items related to affordable housing are spread around the UDC. • The Community Development Department has only given 24 loans in 6 years to affordable housing customers. • Things that would reduce costs and help produce more affordability: o Example of San Antonio, which found properties in arrears and sold at cost of back taxes. o Consolidation of lots would allow for economies of scale. o City fees should be waived – rather than reimbursed – for affordable housing projects. o Affordable housing developments should not have to do 2” asphalt. o Valley gutters should be allowed. • A $150,000 house has same amount of regulatory work and fees (Approx. $5,000) as a $500,000 house. • Housing authority has modular homes to put down. But they don’t have a way to get the lots, so only 20 have been provided. • San Antonio had an Assistant City Manager for affordable housing. • A developer needs 50-100 lots to accomplish affordability and make economies of scale work. • Developers don’t necessarily need incentives in cash. They need incentives in process and time. • Homelessness is a problem along with a lack of affordable housing. • Accessory dwelling units help with affordability. Building and Site Design and Urban Design • Political sign provisions have been removed from the UDC. • The island overlay does not cover the entire island. • Impervious coverage limit is too high. • There is a Low Impact Development handbook that was never adopted. Some of its provisions could be codified in exchange for increased density or intensity. • Fences over 7 feet in height require windstorm certification. • There is only one certified Landscape Architect in Corpus. • The Island Property Owners Association has to approve plans before they go to the City. • Landscaping in overlay – most people want to fill yard with rock. • Dollar General on PR 22 is landscaped nicely. One of best-looking buildings there, other than Frost Bank. • Consistency in the allowed plant list is lacking. UDC has a good xeriscape plant list. • The plant list leads to a monoculture of plants. Sites need more diversity. • Loading areas should prohibit or reduce idling. • There is currently a 350’ dune setback. That may need increasing as water levels rise. • More Low Impact Development would be good. • A little more restrictions in building materials, entrances, and articulation would improve appearance. • Add murals provisions to sign standards. • Compatibility and sign regulations are important on The Island. • No overhead electric on island. That is partly because of storms but also for aesthetics. UDC Evaluation Page 83 • Some have concerns about the Island’s required color palate. “The Shark” caused the color palate to change. Living things cannot be more than 1 ½ times its real size Color palate didn’t come up until coffee shop went up. 7 spots for whole place. Now cars are in street. Prevents new business across the street. • Director has some authority to allow deviations from the Island color palate. • Downtown has a parking study with 12 items. They are currently working on meters. There are no parking minimums downtown. • Downtown TIRZ has their own sign requirements. • Maximum block length is 1,600’. Too long. Comprehensive Plan and Area Development Plans • South Side and London Area Development Plans are outdated. • Plan CC had major pushback from developers. • Flour Bluff has a very old ADP. Why update UDC if the base document (ADP) is so old? Conflicts in UDC • Temporary Use Permit provisions conflict with themselves and with those of Chapter 38, Peddlers, Vendors, Mobile Food Vendors, Itinerant Merchants and Solicitors. • There is a conflict as to whether or not sidewalks are required or not required in Industrial. • Correct the discrepancy between the Fire Code’s external connectivity requirement and that of the UDC. • There are no street cross section illustrations in the Appendix to Article 8. They were pulled because they were going to be tied to the City Engineering Design Standards, but that never happened either. • Fire Code requires 20’ clearance. 32-foot wide local streets with parking on both sides do not meet this requirement and can cause fire trucks to have to travel slowly or even back up. • There is a 1,000’ minimum distance between bars and churches and schools. 300’ in City Code. • Access clearance that says “N/A” should say “0” instead. • Access management provisions should be updated to coincide with those of TXDOT. • Park dedication – UDC Section 4.3 says 30% dedication for RS-22 through RS-4.5. UDC Section 8.3 says 1 acre per 100 units for single- and two-family and 1 acre per 200 units for multifamily. Development Review Procedures • The Department needs the greatest level of administrative authority possible. Too many procedures still require a hearing or meeting. • Some applicants would say that it takes too long for an application to go through review. • UDC should allow a sidewalk waiver administratively if the subject property meets certain characteristics. • PUDs are not used the way they are supposed to be in the UDC. They are used to fix little things like street width reduction or to restrict uses, rather than to enable creative development that otherwise would not be allowed. • Applicants have done a PUD to get around the requirements of the Island Overlay, with the PUD lowering the design standards. • City staff believes they provide too many concessions without getting any public benefits back in the PUD. • Airport would like to see heights on plan submittals and an airport hazard district . UDC Evaluation Page 84 • BZA sees Special Use Exceptions for above ground fuel tanks. These should be Permitted subject to Limitations instead. • Elected and appointed officials are generally all for giving staff more authority. “If it doesn’t have to come to us, I don’t want to see it.” • Streamlining procedures so that everyone knows what to expect would allow developers to live with increased standards. • Consider requiring the engineer of record to sign the submittal check list. • Plan reviews, reimbursement agreements, deferment agreements (performance bonds), slow the development process. • You used to be able to get applications through in 30 days. Now it takes 6 months. Legal is involved now. Many application pages required for rezonings. • City will not review plans until you get asbestos report. Better to review and then not release permit until asbestos report is provided. • Claim that setbacks aren’t eligible for an Administrative Adjustment (They are if it is for the purpose of preserving trees, wetlands, or other environmental resources, or to overcome unusual site topography or other obstacles to construction). • Some engineers used to do construction plans without an approved plat because they were confident that the plat would be approved. • Preapplication conferences (Early Assistance) do not happen very often. • Not everyone is attending that should be attending the Pre-Application / Early Assistance conference. • Utilities, Fire, and Traffic Engineering should be at Pre-App because their opinions can have significant impacts. Applicant often leaves thinking things were accomplished but the right person wasn’t at the pre-app and so, at formal review, the Staff doesn’t like the submittal. • Biggest problem expense is time: Time for review; Plan approval by multiple submissions; Sketchy plans that the City has to redline extensively over and over. • Staff should be empowered and willing to make administrative decisions. • No City permits required in ETJ unless on City water. • The Waivers section is “hidden” within the Preliminary Plat provisions. Growth • ETJ generally has higher end homes than the City. People move to the ETJ: o For lower land costs; to avoid taxes; o For the school districts; o Because arterials get them from the periphery to downtown faster than smaller streets in more internal areas. • Many lots in the ETJ are conventional lot size – 4,500 square feet. • Infrastructure is not moving to support residential development. • Flour Bluff isn’t seeing results / benefits of fees that are being collected from development. • It is expensive to maintain infrastructure in developments in far flung areas. • More sprawl – more growth on SW side. Downtown is growing too, though. UDC Evaluation Page 85 Infill and Redevelopment • Within the City limits, only about ½ of it is developed. • Development is good that doesn’t require people to drive everywhere. Walkability is good. • Del Mar or A&M should establish a campus downtown. • Downtown needs a grocery store. • Incremental Development Alliance has a good program. It teaches people how to do small developments. • If the value of an improvement is 50% greater than value of property, then current Building Code has to be utilized and can cause problems. • Downtown TIRZ requires a C of O to get funds. C of O requires inspection. Inspection finds improvements that might not have needed a permit a long time ago but do now. So now there are more expenses. • Unplatted property on Slough road. No one wants it. It is completely undeveloped. There is a paper road running through it. No one wants it because they don’t want to pay for the road. • Incentive zoning for infill could equate to more density or height for infill development compared to greenfield. Parks, Open Space, and Environment • The City is no longer accepting open space dedication. It only accepts fees in lieu of dedication. The formula is acreage of the dedication that would have been required multiplied by fair market value of the property, up to a maximum of $62,500 an acre, or up to $625 per single-family unit. • Park fees can go to a regional park within a 5-mile radius of the property being subdivided. It used to be a mile and a ½ but there was not enough development to improve a park. There are no park zones. • Park fees are paid up front for single- and two-family at the time of platting by subdivider. For multifamily, they are paid at the time of building permit by builder. • The City is selling parks due to inability to maintain them. • There is confusion about where Community Enrichment Fund goes. • People don’t know if they have a refund coming back to them from the Community Enrichment Fund. • Refunds go to current owners, rather than developers. • There is support for residential wind and solar installations. • It is difficult to install wind turbines in UDC. • UDC should consider runoff from construction sites and encourage vegetative strips to filter out pollutants. • Access to natural resources is an asset for Corpus Christi. • Linked together open space is good. There should be pedestrian access easements in subdivisions with lots of cul- de-sacs. • Residential developments should be required to reduce / slow down stormwater discharge. • Parks Board has no funds to maintain parks and is not really aware of new developments. • Beach is a valuable asset to Corpus Christi. • Example of a bar under JFK bridge. When bar was finished, the floodplain zone was changed and it became nonconforming in terms of floodplain. • Lack of parks in new subdivisions is problematic. Platting UDC Evaluation Page 86 • The City has had problems with applicants doing a large Preliminary Plat, Final Platting the lots, and never Final Platting adjacent improved streets. • Consider making the Master Preliminary Plat administratively approvable, rather than by Planning Commission and consider combining with Preliminary Plat. • If an amendment to a Master Plan is needed, it has to be Scheduled out 6 weeks in advance. This will hold up a Plat. • Platting now requires more paperwork for submittal than previous. An example is a document that authorizes a person to sign for a company, which is State Form 1295 (Certificate of Interested Parties). • A Preliminary Plat may comply overall with the external connectivity requirement but sometimes there are attempts to submit a Final Plat that does not comply. • UDC recently extended the performance bond to 2 years. Public Improvements and Utilities • New developments have inadequate infrastructure that serves them. • City put a water line in the London area and then didn’t annex it. • A property more than 1,000 feet from sewer is eligible for a waiver from the requirement to connect. • Slough Road is rough. It has several subdivisions emptying out on it but there was no requirement to improve it from the developers of the subdivisions. • Reconsider the requirement to provide a 15’ public utility easement along all locally maintained arterial streets. • Gas utilities are usually at the rear of lots. • Provide standard location of utility lines in easements. • Wastewater waivers have pretty well spelled out criteria but the Planning Commission still has to take action. Make administrative. • City requires the extension of public water to site before construction, which has not previously been the case. • Detention is not required for greenfield development, but is required for infill. • Use of valley gutters can save a manhole and therefore save maintenance. Transportation • Consider adding a street connectivity ratio for new subdivisions. • GIS does a link / node analysis for new plats. • Staff has interpreted that the 46’ ROW with sidewalks on one side is not applicable. • Schedule 3 Streets in City Code Sec. 53-252 prohibit parking on both sides. Schedule 4 prohibits parking during certain hours. • Traffic Impact Analysis threshold is high at 501 trips. 100 trips is normal. • There are half-way drafted street design standards on the back of the Urban Transportation Plan. • There are no bike lanes in the street design table in Article 8. • Solid Waste has had problems with townhouse developments and crowded trash receptacles. • The UDC needs better guidance on how to measure the length of cul-de-sacs. • Residential streets are built to a 30-year life cycle if no maintenance is done. UDC Evaluation Page 87 • There are no design standards for arterials. Collectors and locals only. • A subdivider has to dedicate ROW, but does not do not have to construct ultimate improvements if adjacent to an arterial, only has to build up to, or pay for, ½ of a Residential Collector. City has recently asked for ½ of an Arterial. • Biking is dangerous on North Padre Island. Bike lanes would be helpful. Trust Fund • Trust fund fees need to stay in immediate area. • Fees are not spent in areas generating the fees. • Purpose and how allocated is not clear to many. Zoning and Land Uses • Boarding houses are being illegally established in Single- and Two-family zoning districts. • Definition of “family” allows up to 4 boarders or roomers. Add a definition for boarders and roomers. • UDC should have flexibility for technological changes in home occupations. • Home occupation requirements say “no retail sales.” Instead, they could say “no in-person purchases.” • There is very little difference between CN-1 and CN-2. • The main difference between CG-1 and CG-2 is that CG-2 does not allow housing or overnight accommodations. • AICUZ standards are recommendations rather than requirements. • Consider whether Byrd scooter charging should be considered a home occupation. • Much new residential rezoning is to R-4.5. Applicants are requesting that, even if they want to build larger lots, so that they can get the 20’ front setback, rather than the 25’ front setback. • Navy is constantly concerned about encroachments of incompatible uses. However, City does a good job keeping incompatible uses out of AICUZ. • The City should extend air protection beyond the AICUZ. • Builders are required to file tall buildings, cranes, and obstructions with the FAA. UDC should make sure builders are aware of that. • Incorporate glare analysis for lighting and solar panels in or near the AICUZ. • When parks are being sold there is uncertainty about if the zoning will be able to be changed. • CBD has no southern boundary. Boundaries are unclear. • There are many layers over base and overlay districts downtown. UDC should clarify what applies downtown. • The Island is a residential community. Residents do not want another troubled water park. • The Island has nuisances like noise, sand blowing from construction. In addition, there is a junk yard with spoils from constriction of water park, on Aquarius Street. UDC Evaluation Page 88 APPENDIX B. KEY TERMS Affordable Housing Dwellings consisting of rental or for-sale units that have a rent (including utilities) or mortgage payment typically no more than 30% of the income of families earning no more than 80% of area median income. For Corpus Christi, this equates to rent or mortgage payment of approximately $1,087 per month. Extraterritorial Jurisdiction The unincorporated area that is contiguous to, and extends five miles from, the Corpus Christi city limits that allows the City to extend some regulatory provisions (e.g., signs, the subdivision of property) as a means to protect the general health, safety, and welfare of those residing in and adjacent to the City, and as a means to define future growth and service boundaries. Heat Island Effect An urban or metropolitan area that is significantly warmer than its surrounding rural areas due to a lack of shade and an overabundance of paved surface. The temperature difference usually is larger at night than during the day, and is most apparent when winds are weak. Horizontal Mixed Use A grouping of single-use buildings, both residential and nonresidential, within one cohesive, interconnected development. Infill Development on a vacant or substantially vacant tract of land surrounded by existing development. Low-Impact Development LID is a system of decentralized stormwater techniques distributed throughout a site to capture and filter stormwater runoff at the source, reducing the total volume and the amount of pollutants entering waterways. Network Node A connection point that can receive, create, store, or send data along distributed network routes. Platting The subdivision of land into smaller lots that may be sold and built upon. Redevelopment Any of the following: • The complete demolition of a principal building, followed by the construction of a new building which occupies a different footprint than the original principal building; UDC Evaluation Page 89 • The destruction of a principal building to an extent that is equal to or greater than half of its assessed value, followed by reconstruction and repurposing of the building for a type of use for which the original building was not designed; or • Expansion of a principal building by more than half of its gross floor area. Sprawl The unrestricted growth in suburban or rural areas of housing, commercial development, and roads over large expanses of land, with little concern for the conservation of natural resources, efficiency in infrastructure, or the cost of providing public services. Vertical Mixed Use A building that combines residential and nonresidential uses in the same building with residential uses only located above the first floor. Zoning A police power measure, enacted by a local government, in which the community is divided into districts or zones within which permitted, limited, and special uses are established, as are regulations governing lot size, building height, bulk, placement, and other development standards. Requirements vary from district to district, but they must be uniform within districts. CITY OF Corpus Christi UDC Evaluation APPENDIX C. ADDITIONAL COMMENTS The City received the following comments during the review period after the Open Door Meeting held on March 21, 2019. "4.1 1111111111111111011111116". Coastal Bend H C}M E &U L LIM RS ASSOC IATION April 29, 2019 Nina Nixon -Menendez Director of Development Services City of Corpus Christi RE: Requested Changes to the UDC Nina: After reading the report and discussing it thoroughly, we have come up with a last of iterrs we support, and a list of items that we cannot support or would like changed. Changes that we support: Page no. Location on Page Comments 22 1'* paragraph Including the Master Preliminary Plat in the UDC_ The process is there in the UDC, and we should use it. 37 e paragraph City code must match the UDC_ This gives everyone the same expectation about how things must be done. 44 Last paragraph Prornotingthe waiver procedure up to the section level is good, but building in more provisions sothata waiver could be administered by Development Services, not the Planning Commission, would be best_ 47 I.. paragraph Anything that reduces the number of review steps helps to streamline the process. Giving Development Services the authority to make consistent decisions streamlines the process. 49 -' c a r sg -a p'- We agree that the city should update the UDC to change the final decision maker for special permits from Council to Planning Commission_ E.F. 3'° paragraph Allow for mixed use development, without the arduous processofa PUD, is a "win-win" for the public and the developers_ 1.:6 2' paragraph We like the "Cluster Development" idea_ 136 3'° paragraph More housing types built into the residential zoning district so the developer does not have to go through the rezoning process_ 135 Paragraph 5-5 Eliminating permitting fees for affordable housing; Allowing duplex & Multifamily use by special permit (with 1 hearing); Granting a density bonus by-rightformarket rate subdivisions; Waiving fees -in -lieu of park land dedication & "skinnier' streets for developments that incorporate committed affordable units 85 Pre -app conferences Why do we need early assistance meeting AND a TRC meeting? While these meetings may have happened 518 times, there is never any resolution at these meetings because the decision-making players are not required to be in attendance_ The "open door" TRC meeting is a good start. Page 90 CITY OF Corpus Christi Coastal Bend l-IOME 6UILILYRS AS SOU TA1'1ON B5 TRC Enforce the existing statutes that are designed to keep the work flowing_ 3.7.24.2 Changes we cannot support or would like to see changed: Page Location on Page Comments 41 UDCJurisdiction We disagree with the idea of extending Artide 7 into the ETJ due to costs. We cannot afford to landscape South Texas_ 42 3rd paragraph Shifting approve authority from P&Z to Development services is great,. but an appeal process must be included if there is a disagreement between developer and staff_ -04 2rd pararcvh Allowing the ACMDSto make a decision on landscaping is fine, but there must bean appeal process for when there b a disagreement between builder and staff. 49 3" paragraph Allowing the ACMDS to interpret the UDC is fine, but the ruling must be consistent and include an appeal process if there is disagreement between builder and staff. 56 4th paragraph An incentive for including LEDs into developments should include a park credit for the developer_ L!Ds take up lots of space and that should be of -set with a parks credit. 67 4.1.5 1Ne disagree with this suggestion 69 4.51 We should not consider allowing single-family detached and duplexes iri CN -1, etc. as this is by -right currently and should not change. 70 6.2 1Ne disagree with requiring developer to provide a narrative for how the development fulfills the "Purpose slatements" of the PUD overlay_ 7.1.7A We disagree with the suggestion of prohibiting direct residential access on driveways from primary collectors_ 77 7.7.3 We disagree with the suggestion regarding faDdes_ 7e 8.2.1_F We disagree with the suggestion to build half -streets to Bill -street requirements_ it is a disincentive to developer. 7e 8.2.1_G We disagree with the suggestion to ptit a curb around the cul-de-sac island. Most neighborhoods do not have a HOA or POA and therefore this would become an eyesore. 79 ..= L We disagree with the suggestions to reduce the maximum block length and adopting a connectivity index that requires continuity of the street patterns within a new subdivision. 79 8.4.1 We strongly disagree with the suggested requirement developers to incur the cost of building a street up to a minor arterial street_ The costs would be prohibitive and drive up the cost of the homes with no added value to the home owner_ 8C 8.5.1_C We disagree with the suggestion to allow major updates to the master plan to be funded by the trust funds_ These funds are voluntarily put in by builders to fund actual construction, not up date the master plan. Also, we disagree with the suggested reimbursement plan for UDC Evaluation Page 91 CITY OF Corpus Christi Coastal Bend HUMS RLJILITER5 A S{]CIA'II{}N Please let me know if you have any qt. -tions or concerns_ Your allowance for our input into such an important document ifgreatly appreciated. Sincerely, Wendy 3 -ter an. Executive Director UDC Evaluation Page 92 engineering and inspections and reimbursement percentages sugg-ted. SC 8.5 2.E We strongly disagree with the City withholding any fu nd s until plat is recorded_ S� 3._9 We disagree with lowering the TlAthresholdand requiring a TIA when the rezoning land consistent with the Comprehensive plan. We also disagree with updating the study area requirements to include 100 acres or more development. 86 3.23.3 We would like to add a notification to developer in this section 96 Affordable Housing We disagree with the definition of Affordable Housing_ it is too low and is not feasible_ 97 Sprawl We disagree with the definition of Sprawl_ We build houses based on the wants of our customers_ We musttaice into consideration the desires ofthe home buyers before casually tossing this term around_ Please let me know if you have any qt. -tions or concerns_ Your allowance for our input into such an important document ifgreatly appreciated. Sincerely, Wendy 3 -ter an. Executive Director UDC Evaluation Page 92